Fitzgibbon v. Lake
Illinois Supreme Court
This was an action of ejectment, tried before Van H. Higgins, one of the judges of the Superior Court, without a jury, at the January term, 1862. Plaintiffs in error were plaintiffs below. The declaration is in usual form; describes the premises as lot 29, in block 4, of Fort Dearborn Addition to Chicago, in Cook county, Illinois; alleges that plaintiffs claim the same in fee, and were ejected by defendants, August 1,1860. Plea, not guilty.
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This was an action of ejectment, tried before Van H. Higgins, one of the judges of the Superior Court, without a jury, at the January term, 1862. Plaintiffs in error were plaintiffs below. The declaration is in usual form; describes the premises as lot 29, in block 4, of Fort Dearborn Addition to Chicago, in Cook county, Illinois; alleges that plaintiffs claim the same in fee, and were ejected by defendants, August 1,1860. Plea, not guilty. Trial by the .court, .and finding and judgment .for defendants. The bill of exceptions shows that plaintiffs introduced in ¡evidence— 1. A /stipulation…
1Opinion of the CourtCaton, C. J.
The whole of this case depends upon the . admissibility of the record of the guardian’s sale. That was the record of a court authorized by our law to order sales by guardians of the estates of infants, for their support or for reinvestment. This record is offered in defense of an action of ejectment, by one claiming under the guardian’s sale. It really seems difficult for even good lawyers to appreciate the difference between such a case and a direct proceeding upon such a record for the purpose of reversing the order of the court, although almost every volume of our reports might teach them…
2Cases cited1 opinion
- Stow v. KimballIllinois Supreme Court · 1862
3Cited by8 opinions
- Richards v. PeopleIllinois Supreme Court · 1876
- Blake v. BlakeIllinois Supreme Court · 1913
- Bostwick v. SkinnerIllinois Supreme Court · 1875
- Goudy v. HallIllinois Supreme Court · 1865
- Johnson v. MillerAppellate Court of Illinois · 1893
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