McJilton v. Love
Illinois Supreme Court
This was a bill in chancery, filed in the court below by Love against the said McJilton, Arthur Fairfield, A. P. Field, David M. Hall, Andrew Miller, John G. Gammon, and William Hardley.
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This was a bill in chancery, filed in the court below by Love against the said McJilton, Arthur Fairfield, A. P. Field, David M. Hall, Andrew Miller, John G. Gammon, and William Hardley. The bill sets forth, that on the 11th day of May, 1846, the said Arthur Fairfield recovered a judgment by default against the said Love, in the Circuit Court of St. Louis county, State of Missouri, for the sum of $800 and costs; that five days after the rendition of said judgment an execution was issued thereon, which said execution was returned nulla bom, but that after-wards, on the 28th day of October,…
1Opinion of the CourtTreat, C. J.
In May, 1846, Arthur Fairfield recovered a judgment against James Love, in the Circuit Court of the county of St. Louis, in the State of Missouri, for $800. Field and Hall were the plaintiff’s attorneys. In October, 1846, the sheriff returned the execution issued thereon, satisfied in full by the order of the plaintiff. In November, 1846, Field and Hall moved the court to vacate the entry of satisfaction, and award an execution on the judgment, to enable them to collect the sum of $500, on the ground that so much of the judgment was assigned to them by Fairfield, with the knowledge of Love,…
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