McGoon v. Ankeny
Illinois Supreme Court
This was an action of assumpsit, brought by Ankeny against McGoon, in the Jo Daviess Circuit Court, to recover the value of a quantity of slag, of which Ankeny claimed to be the owner.
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This was an action of assumpsit, brought by Ankeny against McGoon, in the Jo Daviess Circuit Court, to recover the value of a quantity of slag, of which Ankeny claimed to be the owner. The suit was taken by change of venue to Stephenson county, where it was tried, before Sheldon, Judge, and a jury, at a special term, in October, 1849, when a verdict was found for the plaintiff, Ankeny, for the sum of $ 523 60. A motion was made for a new trial; which was allowed, unless Ankeny would remit $220, which he consented to do ; and, thereupon, judgment was rendered for plaintiff for the sum of $ 303…
1Opinion of the Court
Opinion by Mr. Justice Catón :
Without knowing something more of the nature of the lease from the government to the smelters who made this slag, it is impossible for us to say whether the general property in the material which they worked continued in the government or not, as was insisted by the counsel for the appellant. Nor is the question of abandonment properly before us. It is undoubtedly true, that if those who made the slag, considering it entirely worthless, cast it away with the intention of abandoning it, they thereby divested themselves of their title to it, and could have no more…
2Cases cited2 opinions
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