Johnson v. Shinkle
Illinois Supreme Court
Appeal from the Circuit Court of Montgomery county; the Hon. Edwabd Y. Rice, Judge, presiding. This was an action of ejectment commenced in the Circuit Court of Madison county, and the cause was taken hy change of venue to the Circuit Court of Montgomery county, where a trial was had before the court, a jury having been waived.
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Appeal from the Circuit Court of Montgomery county; the Hon. Edwabd Y. Rice, Judge, presiding. This was an action of ejectment commenced in the Circuit Court of Madison county, and the cause was taken hy change of venue to the Circuit Court of Montgomery county, where a trial was had before the court, a jury having been waived. It appearing, that subsequent to the commencement of the suit, the plaintiff had sold and conveyed the land in controversy, the court rendered the following judgment: “ The Court finds the said defendant guilty of unlawfully withholding the possession of said premises…
1Opinion of the CourtJustice Lawrence
The question presented by this record was decided at the April term, 1867, in Mills v. Graves, 44 Ill. 50. "We there held that a conveyance by the plaintiff in an action of ejectment, pending the suit, would not defeat his right of recovery, which would enure to the benefit of his grantee.
The circuit court should have rendered a judgment for the recovery of the possession, and that the plaintiff have his writ of habere facias possessionem.
The judgment is reversed and the cause remanded.
Judgment reversed.
2Cases cited1 opinion
- Mills v. GravesIllinois Supreme Court · 1867
3Cited by2 opinions
- Glanz v. ZiabekIllinois Supreme Court · 1908
- Central States Cooperatives, Inc. v. Watson Bros. Transportation Co., IncCourt of Appeals for the Seventh Circuit · 1950