Mills v. Graves
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. On the 9th of April, .1855, Royal A. B. Mills commenced an action in the Circuit Court of Cook county, against Henry Graves, for the recovery of a tract of land in the city of Chicago.
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Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. On the 9th of April, .1855, Royal A. B. Mills commenced an action in the Circuit Court of Cook county, against Henry Graves, for the recovery of a tract of land in the city of Chicago. On the trial of the case before the court—a jury having been waived — Graves offered to prove that on the 2d of April, 1861, after the commencement of the suit, the plaintiff, Mills, conveyed all his title in the premises to one Henry L. Rucker. To this the plaintiff’s counsel objected, but the court overruled the…
1Opinion of the CourtJustice Lawrence
The only question presented by the argument in this case is, whether, in an action of ejectment, a conveyance to a third person, by the plaintiff, pending the suit, will defeat the action. The authorities cited are contradictory. In Cresap’s Lessee v. Hutton, 9 Gill. 269; Cheeny v. Cheeny, 26 Verm. 606, and Alden v. Grove, 18 Penn. 377 it is held that the action is defeated. A contrary rule is laid down in Jackson v. Leggett, 7 Wend. 377; Jackson v. Jeffries, 1 A. K. Marsh. 90, and Woods v. McGuin, 21 Ga. 582. Our own statute furnishes, however, the means of determining this question.
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2Cases cited3 opinions
- Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831
- Wood v. McGuire's ChildrenSupreme Court of Georgia · 1857
- Cheney v. CheneySupreme Court of Vermont · 1854
3Cited by4 opinions
- Glanz v. ZiabekIllinois Supreme Court · 1908
- Bell v. BruhnAppellate Court of Illinois · 1889
- Converse v. DunnIllinois Supreme Court · 1897
- Johnson v. ShinkleIllinois Supreme Court · 1869