Ray v. Keith
Illinois Supreme Court
Writ or Error to the Superior Court of Cook county; the Hon. Jrssr Holdom, Judge, presiding. On October 11, 1898, Susan Keith, Edson Keith, Jr., and Walter W. Keith, as executors of the last will and testament of Edson Keith, deceased, began an action of debt against Moses A. Thayer in the superior court of Cook county, and on December 19 following, filed their affidavit for an attachment in aid of said suit, upon which a writ of attachment was duly issued and levied upon…
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Writ or Error to the Superior Court of Cook county; the Hon. Jrssr Holdom, Judge, presiding. On October 11, 1898, Susan Keith, Edson Keith, Jr., and Walter W. Keith, as executors of the last will and testament of Edson Keith, deceased, began an action of debt against Moses A. Thayer in the superior court of Cook county, and on December 19 following, filed their affidavit for an attachment in aid of said suit, upon which a writ of attachment was duly issued and levied upon certain real estate in Cook county as the property of the said defendant, Thayer. On December 30, 1899, Susan C. Ray filed…
1Opinion of the CourtJustice Wilkin
It is insisted on behalf of defendants in error that this court is without jurisdiction for the reason that no freehold is involved, the contention being, that because the interplea does not set up by what ¿title the interpleader claimed to be the owner of the property, she may have a mere possessory right which would not amount to a freehold. The attachment writ was levied upon the property as belonging to the defendant in the attachment,—i. e., as the absolute owner thereof. The interpleader claims to be the owner of the same property. By her averment that the property “was, at the time the…
2Cases cited2 opinions
- Monroe v. Van MeterIllinois Supreme Court · 1881
- Thomas v. BurnettIllinois Supreme Court · 1889
3Cited by3 opinions
- Keith v. RayIllinois Supreme Court · 1907
- Ray v. KeithAppellate Court of Illinois · 1907
- Keith v. J. F. Arnold & Co.Appellate Court of Illinois · 1929