Hough v. Hastings
Illinois Supreme Court
This was an action of ejectment, brought by Hough against Hastings, to recover the S. W. qr. Sec. 15, T. 33 hi., E. 1 E. 3d P. ¡M¡., which Hough claimed in fee. The declaration, which was in the usual form, was filed at the ¡November term, 1856, of the La Salle Circuit Court. The defendant pleaded the general issue.
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This was an action of ejectment, brought by Hough against Hastings, to recover the S. W. qr. Sec. 15, T. 33 hi., E. 1 E. 3d P. ¡M¡., which Hough claimed in fee. The declaration, which was in the usual form, was filed at the ¡November term, 1856, of the La Salle Circuit Court. The defendant pleaded the general issue. At the February special term, 1857, of said court, by agreement of parties, a jury was waived, and the cause submitted to Hollister, Judge of said court, for trial. On the trial, the plaintiff offered in evidence a record of a judgment for taxes, rendered by the county court of La…
1Opinion of the CourtCaton, J.
A great number of points were argued at the bar in the discussion of this case, but we shall confine our opinion mainly to two, which have not before been considered by this court, and which are decisive of the merits of the whole case.
The oath of the town collector to his return of the delinquent list was made before the clerk of the county court, when the statute expressly required that the oath should be taken before the county treasurer or some justice of the peace. Section one hundred and sixty-five of the township organization law, requires the town collector to return a list of taxes…
2Cited by2 opinions
- Gunning v. People ex rel. Butterick Publishing Co.Appellate Court of Illinois · 1898
- Loewenthal v. People ex rel. RaymondIllinois Supreme Court · 1901