Joy v. Berdell
Illinois Supreme Court
This was an action in ejectment, brought by appellee against appellants, to recover Lot 23, in Block 30, School Section Addition to Chicago. There was a plea of the general issue by all of defendants, October 11, 1858. The declaration avers that plaintiff was, on the 1st day of January, 1857, possessed of and had a fee simple right in and to the premises. Avers entry June 1st, 1857. Another count, claiming west 25/26 of the premises.
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This was an action in ejectment, brought by appellee against appellants, to recover Lot 23, in Block 30, School Section Addition to Chicago. There was a plea of the general issue by all of defendants, October 11, 1858. The declaration avers that plaintiff was, on the 1st day of January, 1857, possessed of and had a fee simple right in and to the premises. Avers entry June 1st, 1857. Another count, claiming west 25/26 of the premises. There was a trial, and verdict of guilty as to all of defendants, October 13th, 1859. Goodrich, Judge, presiding. Appeal prayed and allowed. The bill of…
1Opinion of the CourtWalker, J.
At the September term, 1858, appellee filed a declaration and notice in ejectment, made proof of service, and obtained the usual rule to plead within twenty days. Defendants filed the general issue, and a trial was subsequently had before the court and a jury, which resulted in a verdict and judgment against appellants. A motion for a new trial was entered and overruled, and this appeal is prosecuted to reverse that judgment.
The assignment of errors questions the sufficiency of the deed from Saltonstall to appellee, and is principally relied upon for a reversal. The deed recites that the…
2Cited by2 opinions
- Fash v. BlakeIllinois Supreme Court · 1865
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