Dills v. Hubbard
Illinois Supreme Court
This was an action of ejectment, brought by Dills against Hubbard, to recover possession of the south-west quarter of section seventeen in town two north, range five west. There was a plea of not guilty; there was a trial and verdict for the defendant. Motion for a new trial was overruled, and there was a judgment for the defendant; the plaintiff below, Dills, prayed this appeal.
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This was an action of ejectment, brought by Dills against Hubbard, to recover possession of the south-west quarter of section seventeen in town two north, range five west. There was a plea of not guilty; there was a trial and verdict for the defendant. Motion for a new trial was overruled, and there was a judgment for the defendant; the plaintiff below, Dills, prayed this appeal. The facts, upon which the rule of the following opinion is declared, are sufficiently stated in the opinion of the court.
1Opinion of the CourtBreese, J.
We pass by most of the questions presented on this record, because, at the threshold an error has occurred which must reverse the judgment.
To make out his case, the plaintiff offered to introduce a tax deed from the sheriff of Adams county, for the premises in question, and which being objected to by the defendant except for the purpose of defining the extent of plaintiff’s prior possession of the land, was rejected by the court.
The question we have considered is, was this the proper limit to assign to the operation of the deed offered, defective as it was adjudged to be ?
The distinction is,…
2Cited by5 opinions
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