Durham v. Heaton
Illinois Supreme Court
This was an action of ejectment brought by Heaton against Durham and Ellis. Declaration in the usual form. The land in controversy is the east half of the south-east half of the south-west quarter of Section 34, Township 18, Range 10 east of the fourth principal meridian. Plea, general issue. Trial by the court, and verdict for plaintiff: Bill of exceptions shows that the following evidence was offered for plaintiff.
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This was an action of ejectment brought by Heaton against Durham and Ellis. Declaration in the usual form. The land in controversy is the east half of the south-east half of the south-west quarter of Section 34, Township 18, Range 10 east of the fourth principal meridian. Plea, general issue. Trial by the court, and verdict for plaintiff: Bill of exceptions shows that the following evidence was offered for plaintiff. Certificate of the register of the land offiee at Springfield, showing that Oliver Bindley purchased the land in controversy of the United States on the 15th day of July, 1835.…
1Opinion of the CourtBreese, J.
The solution of the question presented by this record, depends entirely upon the validity of the execution under which the land was sold, and which issued out of the Supreme Court, in favor of Lewis, Adm’r, against Bindley and Doolittle. If that execution was not void, then the title of appellants to the premises in controversy, was clearly made out.
The appellee insists that the execution is void, it being materially variant from the judgment; and that it was not competent to prove by parol, that the execution did in fact issue upon the judgment. That should appear from inspection.
The fact of…
2Cases cited1 opinion
- Phillips v. CoffeeIllinois Supreme Court · 1855
3Cited by26 opinions
- Hardin v. LeeSupreme Court of Missouri · 1873
- Rabbitt v. Frank C. Weber & Co.Illinois Supreme Court · 1921
- Ex parte O'BrienSupreme Court of Missouri · 1895
- Blodgett v. SchafferSupreme Court of Missouri · 1888
- Ellis v. JonesSupreme Court of Missouri · 1873
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