Becker v. Quigg
Illinois Supreme Court
. Appeal from the Circuit Court of Lee county; the Hon. W. W. Heaton, Judge, presiding. This was a petition for assignment of dower, presented in the court below by Julia A. Quigg, against Becker and others, the defendants being in possession of the premises, and claiming title through mesne conveyances from the husband of the petitioner.
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. Appeal from the Circuit Court of Lee county; the Hon. W. W. Heaton, Judge, presiding. This was a petition for assignment of dower, presented in the court below by Julia A. Quigg, against Becker and others, the defendants being in possession of the premises, and claiming title through mesne conveyances from the husband of the petitioner. Upon the trial, among other testimony, it was made to appear that George H. Quigg, the husband, derived title through a sale under a judgment recovered by him against Henry B. Truett, in 1841. The execution upon which the sale was made was alleged to have…
1Opinion of the CourtJustice Thornton
Julia A. Quigg- filed her petition for assignment of dower, and obtained a decree, to reverse which, appellants have brought the case to this court.
The court erred in permitting, after objection, ex ¡parte affidavits to be read as evidence. Appellee’s husband was purchaser, at a sheriff’s sale, of the premises. The execution under which the sale was had, had been lost, and could not be found. In proof, affidavits of the clerk of the court from which the execution issued, and of the widow and administratrix of the sheriff who made the sale, showing due search for the paper, were offered and…
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