Iverson v. Loberg
Illinois Supreme Court
This was an action of ejectment to recover lots one and two, in block ten, in Butterweight and Webster’s Addition to Chicago. There are three counts. In the first, all the plaintiffs are joined. In the second, Edward claims an undivided third, and in the third, Charlotte E. and Albert, claim two undivided thirds. Plea, general issue and joinder.
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This was an action of ejectment to recover lots one and two, in block ten, in Butterweight and Webster’s Addition to Chicago. There are three counts. In the first, all the plaintiffs are joined. In the second, Edward claims an undivided third, and in the third, Charlotte E. and Albert, claim two undivided thirds. Plea, general issue and joinder. Jury waived, and cause submitted to the court on the following statement of facts, agreed: That the plaintiffs claim, as children and heirs of Halver Iverson, who died August 15th, 1850,° and are entitled to recover the premises in this action, unless…
1Opinion of the CourtCaton, C. J.
We are obliged to affirm this judgment much against our inclination. This sale was no doubt a great outrage, and we should as at present advised, not hesitate to reverse the proceeding, were it directly before us. But here it comes up collaterally, and we cannot disregard that proceeding unless it was void for the want of jurisdiction. We cannot hold that such was the case. The petition stated 'enough to require the court to act in the premises,—to set it in motion, and that was sufficient to give the court jurisdiction, and whatever was done under it, was not in the exercise of an usurped…
2Cited by10 opinions
- Welch v. FochtSupreme Court of Oklahoma · 1918
- Barnes v. BartlettIndiana Supreme Court · 1874
- Cotton v. HollowaySupreme Court of Alabama · 1893
- Goudy v. HallIllinois Supreme Court · 1865
- Hays' Administratrix v. McNealySupreme Court of Florida · 1878
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