Butterfield v. Smith
Illinois Supreme Court
This was an action of ejectment, brought by appellant to recover thirty-five acres of the west half of the south-east quarter of section two, in town thirty-nine north, range twelve, in Cook county: described by metes and bounds. The cause came on to be heard at the May term of the Cook County Court, in the year 1848, before Hugh T. Dickey, Judge, and a jury. A verdict was found for the defendant. Both parties adduced title from the same source, to wit, George E. Walker.
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This was an action of ejectment, brought by appellant to recover thirty-five acres of the west half of the south-east quarter of section two, in town thirty-nine north, range twelve, in Cook county: described by metes and bounds. The cause came on to be heard at the May term of the Cook County Court, in the year 1848, before Hugh T. Dickey, Judge, and a jury. A verdict was found for the defendant. Both parties adduced title from the same source, to wit, George E. Walker. The plaintiff below prayed this appeal. The opinion of the Court exhibits enough of the case to elucidate the questions…
1Opinion of the Court
Opinion by Mr. Justice Trumbull :
Walker, who had once owned the land in controversy, by a quit-claim deed, dated January 1, 1844, and recorded January 20, 1844, released his interest in the same, and some fifteen other tracts, to one George Smith, under whom the plaintiff claims. The deed is in the usual form of quit-claim deeds, conveying all the right, title and interest of the grantor in the land's described, except that after the description of the lands, it contains this clause : “ Intending to convey such only as are now owned by said Walker, and not any that may have been conveyed to…
2Cases cited1 opinion
- Brown v. JacksonSupreme Court of the United States · 1818
3Cited by9 opinions
- Morris v. GoldthorpIllinois Supreme Court · 1945
- Johnson v. WilliamsSupreme Court of Kansas · 1887
- Grant v. BennettIllinois Supreme Court · 1880
- Bradbury v. DavisSupreme Court of Colorado · 1880
- Brown v. Banner Coal & Coal Oil Co.Illinois Supreme Court · 1880
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