Parkhurst v. Race
Illinois Supreme Court
Writ of Error to the City Court of Aurora; the Hon. Charles D. E. Smith, Judge, presiding. In 1855, Nahum Parkhurst and his son, Reuben Parkhurst, bought of one Ferris the tract of land, in the county of Kendall, to which this controversy relates, and it was conveyed to them jointly. They then executed a note and mortgage to Ferris for the sum of about $1000, being the purchase money, or a part thereof.
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Writ of Error to the City Court of Aurora; the Hon. Charles D. E. Smith, Judge, presiding. In 1855, Nahum Parkhurst and his son, Reuben Parkhurst, bought of one Ferris the tract of land, in the county of Kendall, to which this controversy relates, and it was conveyed to them jointly. They then executed a note and mortgage to Ferris for the sum of about $1000, being the purchase money, or a part thereof. In May, 1863, Reuben died, leaving a widow, Jannette, and an infant daughter, Emily, (who is the plaintiff in error in this case.) In December, 1863, a suit was brought in chancery for the…
1Opinion of the CourtJustice Dickey
It is objected by counsel for defendants in error that this writ of error comes too late. Counsel say, “nothing appears in the record to show at what time the plaintiff in error attained her majority, or that she has brought her suit to this court within the statutory period. For all that appears here, her claim is a stale one.” This question can not be raised on the record in this case by mere suggestion in the argument in the case. In the absence of a plea alleging a bar, or some other matter in the record showing that this writ comes- too late, we can not properly entertain the question.
Whe…
2Cited by4 opinions
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- Waugh v. SchlenkAppellate Court of Illinois · 1887
- Ball v. SerumAppellate Court of Illinois · 1899