Neal v. Blanchard
Illinois Supreme Court
Wbit of Ebror to the Circuit Court of Jackson county; the Hon. Isham H. Haynie, an attorney of said court, presiding as judge, by agreement of the parties, in place of the Hon. A. M. Jenkins, the jndge of that court. This was an action of ejectment, instituted in the court below, by Israel Blanchard and his wife against Daniel Heal, for the recovery of lots numbered one and eight, in block number twelve, in the town of Murphysbóro’, in Jackson county.
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Wbit of Ebror to the Circuit Court of Jackson county; the Hon. Isham H. Haynie, an attorney of said court, presiding as judge, by agreement of the parties, in place of the Hon. A. M. Jenkins, the jndge of that court. This was an action of ejectment, instituted in the court below, by Israel Blanchard and his wife against Daniel Heal, for the recovery of lots numbered one and eight, in block number twelve, in the town of Murphysbóro’, in Jackson county. The plaintiffs, Blanchard and wife, deduced title to the premises from the Hnited States, through several intermediate owners, among them one…
1Opinion of the CourtJustice Breese
delivered the opiMon of the court:
TMs case depends on one single point, and it is tliis. The fee bill issued M the case on wMch the lots were sold was for the plaintiff’s costs for wMch he had obtained a judgment, and an award of execution in the Circrnt Court, against “the defendant. The statute is plain on this subject, and an execution should have issued. That was the process reqmred. Had the fee bill been issued for the costs made by the defendant, it would have been regular. Scates’ Comp. 266, § 40.
The fee bill was void, and the sale under it, consequently void. It is not like the cases…
2Cited by5 opinions
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