Johnson v. Adleman
Illinois Supreme Court
Appeal'from the Circuit Court of Will county; the Hon. Sidney W. Habéis, Judge, presiding. This was an action of ejectment commenced in the court, below by Christopher Adleman against Andrew Johnson, for the recovery of the southeast quarter of lot number three, in block number seventy-one, in the town of Lockport, in Will county, to which the plaintiff claimed title in fee simple.
Read the full summary
Appeal'from the Circuit Court of Will county; the Hon. Sidney W. Habéis, Judge, presiding. This was an action of ejectment commenced in the court, below by Christopher Adleman against Andrew Johnson, for the recovery of the southeast quarter of lot number three, in block number seventy-one, in the town of Lockport, in Will county, to which the plaintiff claimed title in fee simple. The defendant pleaded, first, the general issue; and second,a special plea, asserting a homestead right in the premises. After the jury was impanneled and sworn, the plaintiff entered his motion to strike the…
1Opinion of the CourtJustice Beeese
The points raised on the record are few and simple, and therefore not difficult to be decided.
As to the action of the Circuit Court, in apparent contravention of its own rules, we have to observe that the reasoning in the case of Owens v. Ranstead, 22 Ill. 161, as is apparent from the language used, and the case under consideration, was not designed to apply to motions, of course, made in the progress of a cause. Ho general rules can well apply to them. And besides, it was a matter of perfect indifference whether the court entertained a motion to strike out the special plea or sustained a…
2Cases cited4 opinions
- Owens v. RansteadIllinois Supreme Court · 1859
- Durham v. HeatonIllinois Supreme Court · 1862
- Dickerman v. BurgessIllinois Supreme Court · 1858
- Patterson v. KreigIllinois Supreme Court · 1863
3Cited by4 opinions
- Rush v. FrenchArizona Supreme Court · 1874
- Block v. HooperIllinois Supreme Court · 1925
- Miller v. McAlisterIllinois Supreme Court · 1902
- Crawford's EstateOregon Supreme Court · 1908