Curtis v. Root
Illinois Supreme Court
This was an action of ejectment, brought by appellee, in the Circuit Court of Kane county. Declaration and plea in usual form. Venue changed from Kane to Kendall Circuit Court. A jury was waived, and the cause tried by the court, and judgment was rendered for Curtis. A new trial was granted to Root, under the statute. The cause was again tried by court and jury. Verdict and judgment for Root. A new trial was granted to Curtis.
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This was an action of ejectment, brought by appellee, in the Circuit Court of Kane county. Declaration and plea in usual form. Venue changed from Kane to Kendall Circuit Court. A jury was waived, and the cause tried by the court, and judgment was rendered for Curtis. A new trial was granted to Root, under the statute. The cause was again tried by court and jury. Verdict and judgment for Root. A new trial was granted to Curtis. There was a motion by Curtis to suppress depositions of J. P. Morgan and R. W. Padelford, which was overruled by the court. The venue was changed by consent to the…
1Opinion of the CourtCatok, C. J.
Admitting, for the present, that as between the parties to a deed, and even as to third persons with notice, it is competent to show by parol, that the consideration and date of the deed, as expressed on its face, are different from the true consideration and date, in order to affect such third person, with such facts as do not appear on the face of the deed, there should he clear proof that he had knowledge of such extraneous facts thus proved by parol, and not appearing upon the face of the deed, before he can be affected by them. Now it is claimed that this mortgage was given to secure the…
2Cited by22 opinions
- Lindley v. KelleyIndiana Supreme Court · 1873
- Holden v. GarrettSupreme Court of Kansas · 1879
- Oakes v. WilliamsIllinois Supreme Court · 1883
- Moore v. WilliamsIllinois Supreme Court · 1890
- Bacon v. GreenSupreme Court of Florida · 1895
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