Barger v. Hobbs
Illinois Supreme Court
Writ op Error to the Circuit Court of Hardin county; the Hon. Andrew D. Duff, Judge, presiding. This was an action of ejectment, brought by defendant in error against plaintiff in error, to recover possession of the north half of the northeast quarter of the southeast quarter, the southwest quarter of the southeast quarter, and the northwest quarter of the southeast quarter, in section twenty-two, township twelve south, range eight east, in Hardin county.
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Writ op Error to the Circuit Court of Hardin county; the Hon. Andrew D. Duff, Judge, presiding. This was an action of ejectment, brought by defendant in error against plaintiff in error, to recover possession of the north half of the northeast quarter of the southeast quarter, the southwest quarter of the southeast quarter, and the northwest quarter of the southeast quarter, in section twenty-two, township twelve south, range eight east, in Hardin county. The general issue was pleaded, and also a plea of former recovery, but this was stricken from the files and is not preserved in the bill of…
1Opinion of the CourtJustice Scholfield
The errors assigned upon this record are embraced in four objections:
1. Striking the plea of former recovery from the files.
2. Admitting in evidence the instrument in'writing without a scroll or seal, purporting to be a deed by Asa Twitchell and wife to Austin Twitchell, dated May 30, 1849.
3. Admitting evidence of what the attorney said to the jury, on the trial of the action of ejectment in favor of defendant in error and against Hiram S. Barger, in regard to what land he claimed a verdict for, and what he withdrew from their consideration.
4. That the verdict is not supported by the evidence.
2Cases cited2 opinions
- Day v. AlversonNew York Supreme Court · 1832
- Shepard v. ButterfieldIllinois Supreme Court · 1866
3Cited by39 opinions
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
- Pacific Express Co. v. DunnTexas Supreme Court · 1891
- Neal v. NelsonSupreme Court of North Carolina · 1895
- Town of Scott v. ArtmanIllinois Supreme Court · 1908
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