Gage v. DuPuy

The petition in this ease was filed under the Burnt Records act, and conforms to the requirements of, and contains all of the averments necessary to entitle the petitioner to relief under, that act. Smith v. Hutchinson, 108 Ill. 662; Gage v. Caraher, 125 id. 447.

Henry H. Gage, co-defendant of the plaintiff in error, filed a plea setting up title in himself, and pleading the limitation created by section 5057 of the Revised Statutes of the United States. The court below entered its decree granting the prayer of the-petition, notwithstanding the defense thus interposed and established by the…