Legal Opinion

Erskine v. Davis

Illinois Supreme Court

Decided January 15, 1861PublishedCited by 10 opinions

James P. Erskine filed in the Circuit Court of Brown county, a declaration in ejectment, in the usual form, against Thomas Davis, claiming in fee simple the undivided seventeen-eighteenths of the north-west eight, township one south, range four west of fourth principal meridian, and in Brown county. . Declaration also contained a second count, filed by leave of court, claiming the undivided eight-ninths of the same premises in fee simple.

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James P. Erskine filed in the Circuit Court of Brown county, a declaration in ejectment, in the usual form, against Thomas Davis, claiming in fee simple the undivided seventeen-eighteenths of the north-west eight, township one south, range four west of fourth principal meridian, and in Brown county. . Declaration also contained a second count, filed by leave of court, claiming the undivided eight-ninths of the same premises in fee simple. To this declaration, defendant pleaded not guilty, and plaintiff added the similiter. The venue in said cause was regularly changed from the county of Brown…

1Opinion of the CourtCaton, C. J.

When sifted down into a tangible shape, there are but two questions, as we apprehend, in this record requiring our consideration, although we shall notice one other, in conclusion. The first arises upon the execution of the deed by Margaret Gittings, who was the owner of one-sixth of one-ninth of the premises, and the other upon the execution of the deed by Henrietta Croxall, who was the owner of one-half of one-ninth of the premises.

The objection to the execution of the deed by Margaret, is that her name in the body of the deed is written Margaret A. Gittings, and her signature to the deed…

2Cited by10 opinions

  1. Miller v. PeopleIllinois Supreme Court · 1866
  2. Burroughs v. StateSupreme Court of Florida · 1880
  3. State ex rel. Coffey v. ChittendenWisconsin Supreme Court · 1902
  4. State v. RockerSupreme Court of Iowa · 1906
  5. Childress v. NordmanSupreme Court of North Carolina · 1953

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