Legal Opinion

Windett v. Hurlbut

Illinois Supreme Court

Decided November 14, 1885PublishedCited by 12 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding.

1Opinion of the CourtJustice Scholeield

This was forcible entry and detainer by appellee, against appellant, under the sixth clause of section 2, chapter 57, of the Revised Statutes of 1874, for the possession of certain real estate which appellee claimed to have purchased at a sale by a trustee, pursuant to the power in a deed of trust.

Appellee gave in evidence, upon the trial in the Superior Court, among other things, the deed of trust, and the deed by the trustee to himself. Appellant, in defence, offered parol evidence, to prove that the trustee in fact made no sale, that appellee had paid nothing for the property, and that it…

2Cases cited1 opinion

  1. Graham v. AndersonIllinois Supreme Court · 1867

3Cited by12 opinions

  1. Papke v. G. H. Hammond Co.Illinois Supreme Court · 1901
  2. Carico v. KlingColorado Court of Appeals · 1898
  3. Resser v. CorwinAppellate Court of Illinois · 1897
  4. Johnson v. WilsonAppellate Court of Illinois · 1889
  5. Matthews v. NefsyWyoming Supreme Court · 1905

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