Aholtz v. Zellar
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. This was an action of ejectment, brought by the appellee, against the appellant. Both parties claimed title through successive mortgages, given to them by David Morgan, and a foreclosure of the same. The plaintiff's mortgage ivas the oldest, and first foreclosed, but the junior mortgagee was not made a party to the bill to foreclose.
1Opinion of the CourtJustice Breese
This was ejectment, in the Macon circuit court, by David Zellar, plaintiff, and against Frederick! Aholtz, defendant, to recover possession of the south-east quarter of the south-east quarter of section 18, in township 16 north, in range 3 east of the third principal meridian.
The issue was tried by the court by consent, without a jury, and it was admitted both parties claimed title from the same source, namely: one David Morgan. rJflie court found the issue for the plaintiff, and rendered judgment accordingly. To reverse this judgment the defendant appeals.
This is an action at law, in which…
2Cases cited1 opinion
- Ohling v. LuitjensIllinois Supreme Court · 1863
3Cited by2 opinions
- Taylor v. AdamsIllinois Supreme Court · 1886
- Ladd v. LaddIllinois Supreme Court · 1911