Blanchard v. Brown
Supreme Court of the United States
Various judgments had been given against a debtor in Chicago owning real estate there; among them one in favor of Lyman. Execution issued in April, 1847, and on it, in April, 1848, the premises were sold to Blanchard. A certain Hart had also obtained judgment against the same party.
Read the full summary
Various judgments had been given against a debtor in Chicago owning real estate there; among them one in favor of Lyman. Execution issued in April, 1847, and on it, in April, 1848, the premises were sold to Blanchard. A certain Hart had also obtained judgment against the same party. Execution issued in 1845; but was not returned into the clerk’s office until 1852. The execution, it seemed, recited a judgment of the Cook County Court of Common Pleas; a court not at the time in existence; that court having been created by act of legislature only in 1848; and the name of the court in which the…
1Opinion of the CourtJustice Davis
The common-law form of the action of ejectment does not prevail in Illinois. There the action is without fictions, and is between the real parties in interest, and for the possession of a specific estate, and damages for its detention. On account of the fictitious character of the common-law action of ejectment, a judgment was not a complete bar, as in other actions. But in Illinois, by statute, it is declared, “ that every judgment in the action of ejectment, rendered upon a verdict, shall be conclusive as to the title established, in such action, upon the party against whom the same is…
2Cited by8 opinions
- Moore v. SnowballTexas Supreme Court · 1904
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Britton v. ThorntonSupreme Court of the United States · 1884
- Sass v. ThomasCourt Of Appeals Of Indian Territory · 1906
- Hayner v. StanlyUnited States Circuit Court · 1882
3 more not listed; retrieve them via the Exa API.