Legal Opinion

Harland v. Eastman

Illinois Supreme Court

Decided September 29, 1883PublishedCited by 6 opinions

Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This is an action of ejectment, brought by appellee, against appellant, claiming title in fee to lot 45, block 37, in school section addition to Chicago, and for the possession thereof. The plea is not guilty.

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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This is an action of ejectment, brought by appellee, against appellant, claiming title in fee to lot 45, block 37, in school section addition to Chicago, and for the possession thereof. The plea is not guilty. Plaintiff claims that one Abraham B. Adams was the owner in fee, and seeks to show title in himself through three deeds, executed, one by Enoch E. Adams, one by Alfred A. Adams, and one by Adelaide B. Pate, each purporting to convey to plaintiff an undivided one-third of said lot. The proof shows…

1Opinion of the CourtJustice Dickey

The motion for a new trial ought to have been sustained. The testimony in the case palpably failed to show that the three grantors in the deeds to plaintiff were the heirs, and only heirs, of Abraham B. Adams. Facts involved in a question of pedigree may be established by proof of general reputation in the family, or by proof of what deceased members of the family have said. From the necessity of the case hearsay evidence of certain kinds is admissible in establishing matters of pedigree, and this because it is the best evidence of which the nature of the case admits. What has been said by…

2Cited by6 opinions

  1. Grand Lodge, Ancient Order of United Workmen v. BartesNebraska Supreme Court · 1903
  2. Dempsey v. BurnsIllinois Supreme Court · 1917
  3. Savage v. LutherAppellate Court of Illinois · 1911
  4. Ashe v. PettifordSupreme Court of North Carolina · 1919
  5. Ashe v. . PettifordSupreme Court of North Carolina · 1919

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