Legal Opinion

Akin v. Lloyd

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 1 opinion

This bill was filed by complainants, Akin and Boyden, who were complainants in the court below, to quiet and perfect their title to the south-west quarter Section 17, Township 15 north, Range 7 east of the 4th principal meridian, by removing therefrom a cloud, which is a pretended conveyance to the defendant, Lloyd, by the supposed heirs of "Washington Hall, Sr., he having previously conveyed the land to the complainant, Akin, by his duly authorized agent, and to have Akin’s…

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This bill was filed by complainants, Akin and Boyden, who were complainants in the court below, to quiet and perfect their title to the south-west quarter Section 17, Township 15 north, Range 7 east of the 4th principal meridian, by removing therefrom a cloud, which is a pretended conveyance to the defendant, Lloyd, by the supposed heirs of "Washington Hall, Sr., he having previously conveyed the land to the complainant, Akin, by his duly authorized agent, and to have Akin’s title adjudged to be the paramount title. Lloyd pleaded in abatement to the jurisdiction of the Circuit Court, because…

1Opinion of the Court

Catón, O. J.

The only question in this case requiring serious consideration is, whether a suit in equity, the object of which is not to affect real estate, can be commenced in any county where the defendant can be found, as is the case in actions at law. The second section of our chancery code provides, that the mode of commencing suits in equity shall be by filing a bill “ with the clerk of the Circuit Court of the • county within whose jurisdiction the defendants, or a major part of them, if inhabitants of this State, reside.” The statute evidently intended to confine the jurisdiction to the…

2Cited by1 opinion

  1. Hutchinson v. HoweIllinois Supreme Court · 1881

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