Legal Opinion

Vallette v. Bennett

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 6 opinions

Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of ejectment/ by Henry F. Vallette against John I. Bennett, for the recovery of the north half of the west 17 acres of the south half of the east half of the northeast quarter of section 14, township 38 north, range 14 east of the third principal meridian. • It appears, from the record, that in 1835, John K. Boyer entered the east half of the northeast quarter of…

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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of ejectment/ by Henry F. Vallette against John I. Bennett, for the recovery of the north half of the west 17 acres of the south half of the east half of the northeast quarter of section 14, township 38 north, range 14 east of the third principal meridian. • It appears, from the record, that in 1835, John K. Boyer entered the east half of the northeast quarter of section 14, township 38 north, range 14 east, including the land in dispute, and that he received a patent therefor on…

1Opinion of the CourtJustice Scott

The decision in this case, we think, turns principally on the single point, viz.: the construction that shall be given to the deed of John K. Boyer to Joseph Walker, of the date of January 27, 1838.

The parties claim the land through a common source. The title which appellant insists is paramount, is derived through John K. Boyer. In 1835.Boyer entered the land and received the usual certificate, in pursuance of which a patent was issued to him in 1837. It appears, from the evidence, that in 1842 such proceedings were had in the United States District Court, that Boyer was declared a bankrupt,…

2Cases cited1 opinion

  1. Carver v. JacksonSupreme Court of the United States · 1830

3Cited by6 opinions

  1. Coryell v. KlehmIllinois Supreme Court · 1895
  2. McFall v. KirkpatrickIllinois Supreme Court · 1908
  3. Leonard v. City of MetropolisIllinois Supreme Court · 1917
  4. Kenwood Trust & Savings Bank v. PalmerAppellate Court of Illinois · 1918
  5. Flynn v. EdwardsU.S. Circuit Court for the District of Western Missouri · 1888

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