Legal Opinion

McFadden v. Worthington

Illinois Supreme Court

Decided September 15, 1867PublishedCited by 10 opinions

Writ or Error to the Circuit Court of Whiteside county; the Hon. W. W. Heaton, Judge, presiding.

1Opinion of the CourtChief Justice Breese

The object of the bill filed in this cause was to quiet complainant’s title to certain lots in Morrison, in Whiteside county, or rather to remove a cloud upon it, caused by a deed executed to the defendant, Higby.

The court dismissed the bill at complainant’s costs, and he brings the record here by writ of error, assigning this as error, and makes this single point:

“Ho judgment is a lien on real estate embraced in an unrecorded deed, previously conveyed by a judgment debtor, in actions of case, trespass, trover, replevin, detinue and ejectment, or for costs growing out of the trial of property…

2Cited by10 opinions

  1. Grace v. Wade & MainsTexas Supreme Court · 1876
  2. Wallace & Co. v. CampbellTexas Supreme Court · 1880
  3. Noe v. MoutrayIllinois Supreme Court · 1897
  4. East St. Louis Lumber Co. v. SchnipperIllinois Supreme Court · 1923
  5. Gary v. NewtonIllinois Supreme Court · 1903

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