Legal Opinion

Shephard v. Carriel

Illinois Supreme Court

Decided December 15, 1857PublishedCited by 8 opinions

APPEAL PROM ST. CLAIR. This was an action of ejectment, brought by appellant to recover of appellee, the possession, in fee, of the N. W. S. E. qr. sec. 24, T. 2 N., R. 6 W., in St. Clair county, Illinois, at March term, 1856. The appellee plead the general issue. Cause tried at the April term, 1857, of the St. Clair Circuit Court, before the court and jury, Snyder, Judge, presiding.

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APPEAL PROM ST. CLAIR. This was an action of ejectment, brought by appellant to recover of appellee, the possession, in fee, of the N. W. S. E. qr. sec. 24, T. 2 N., R. 6 W., in St. Clair county, Illinois, at March term, 1856. The appellee plead the general issue. Cause tried at the April term, 1857, of the St. Clair Circuit Court, before the court and jury, Snyder, Judge, presiding. The appellant, to make out .title, offered in evidence, without objection, a patent from the U. S. to Archibald William Yard Lamplin, bearing date January 1st, 1840, for the tract of land in controversy. It was…

1Opinion of the CourtBreese, J.

Two objections were raised in the Circuit Court to this will as evidence: Eirst, That there was not sufficient evidence of its due execution and proof in the State of New York. Second, That it was not rendered in the St. Clair County Court previous to the commencement of the suit.

These objections were sustained and the paper excluded.

We are satisfied the will is sufficiently proved. The certificate of the probate in New York is conformable to our statute. R. S. sec. 8, chap. 109. It sufficiently appears from it that the will was duly executed and proved agreeably to the laws and usages of…

2Cited by8 opinions

  1. Newman v. WillettsIllinois Supreme Court · 1869
  2. Newton Finance Corp. v. ConnerTennessee Supreme Court · 1930
  3. Bliss v. SeeleyIllinois Supreme Court · 1901
  4. Stull v. VeatchIllinois Supreme Court · 1908
  5. Brack v. BoydIllinois Supreme Court · 1903

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