Lee v. Getty
Illinois Supreme Court
Oct. 7,1858, the plaintiff in error, and Myron H. Fish and Charles C. Goodale, filed in the Henry Circuit Court, their declaration in ejectment against the defendant for east half of northwest quarter section 9, township 17 north, range 8 east, in Henry county, claiming the same as their estate in fee; alleging themselves to have been in possession Jan. 1st, 1858, and that defendant entered, etc., Jan. 2nd, 1858. Subjoined to the declaration was a notice in due form.
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Oct. 7,1858, the plaintiff in error, and Myron H. Fish and Charles C. Goodale, filed in the Henry Circuit Court, their declaration in ejectment against the defendant for east half of northwest quarter section 9, township 17 north, range 8 east, in Henry county, claiming the same as their estate in fee; alleging themselves to have been in possession Jan. 1st, 1858, and that defendant entered, etc., Jan. 2nd, 1858. Subjoined to the declaration was a notice in due form. The affidavit of service showed that the defendant was at the time in possession of the premises named in the declaration. On…
1Opinion of the CourtCaton, C. J.
An exemplification of any record or paper' of record in the land office, is evidence of equal dignity with the original, and may be read in evidence wherever the original would be admitted, without any preliminary proof whatever. The court erred in excluding the exemplification of the certificate of entry.
We are of opinion that James M. Allen, had he been defendant in this cause, would have been estopped to deny the title set up by the plaintiff derived under the deed which he executed as the attorney in fact of John Allen. By acting as the attorney in fact of John Allen, he asserted that his…
2Cited by2 opinions
- Weare v. WilliamsSupreme Court of Iowa · 1892
- People ex rel. James v. SeamanIllinois Supreme Court · 1909