Graff v. Fitch
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county ; the Hon. Charles D. Hodges, Judge, presiding. This was a proceeding for the trial of the right of property in a part of a certain field of growing corn, instituted by Washington Graff, before Isaac S. Sierrer as sheriff of Morgan county. The trial before the sheriff resulted adversely to the claimant, who thereupon took the case by appeal to the circuit court, where judgment was rendered for the defendant.
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Appeal from the Circuit Court of Morgan county ; the Hon. Charles D. Hodges, Judge, presiding. This was a proceeding for the trial of the right of property in a part of a certain field of growing corn, instituted by Washington Graff, before Isaac S. Sierrer as sheriff of Morgan county. The trial before the sheriff resulted adversely to the claimant, who thereupon took the case by appeal to the circuit court, where judgment was rendered for the defendant. Upon the trial in the court below the plaintiff offered in evidence the proceedings under a distress warrant instituted by him as landlord…
1Opinion of the CourtJustice Sheldon
This was a case of the trial of the right of property to a certain piece of a field of corn, which Sierrer, as sheriff, had levied an execution upon, and which Graff claimed as owner.
The trial in the court below resulted in a verdict and judgment for the defendant.
The only question presented upon the record is, upon the action of the court on instructions, and in excluding evidence of certain proceedings under a distress warrant for rent, which took place subsequently to the commencement of this suit.
The giving of the following instruction for the defendant is assigned as error, viz:
“ The…
2Cases cited2 opinions
- Bull v. GriswoldIllinois Supreme Court · 1858
- Bell v. FarrarIllinois Supreme Court · 1866
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