Legal Opinion

McLagan v. Brown

Illinois Supreme Court

Decided June 15, 1850PublishedCited by 20 opinions

This was an action of ejectment brought by the defendants in error against the plaintiff, to recover the possession of lot seventy-five, on Water street, on the prairie, in the city of Galena. The action was in the usual form, and the plea not guilty. The cause was submitted to the Court, Sheldon, Judge, presiding, at May term, 1850, when a verdict was found for the defendants. Both parties claimed title to the premises in question, through one John J. Cruikshank.

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This was an action of ejectment brought by the defendants in error against the plaintiff, to recover the possession of lot seventy-five, on Water street, on the prairie, in the city of Galena. The action was in the usual form, and the plea not guilty. The cause was submitted to the Court, Sheldon, Judge, presiding, at May term, 1850, when a verdict was found for the defendants. Both parties claimed title to the premises in question, through one John J. Cruikshank. The plaintiffs on the trial produced the record of a judgment in the Jo Daviess County Court, in favor of Artemas L. Holmes…

1Opinion of the Court

Opinion by Mr. Justice Catón :

The premises in question were sold to A. L. Holmes, under his judgment, on the 29th of August, 1846, who assigned his certificate of purchase to Cooney, on the 27th day of August, 1847, and he assigned to Johnson, on the 24th of November, 1847. On the 10th of March, 1847, the judgment debtor conveyed the premises to W. Holmes and Mary Burgess. On the same day the Browns obtained their judgment, which, however, did not become a lien upon the debtor’s real estate till the 22d of the same month. They redeemed from the sale to A. L. Holmes, on the 27th of November,…

2Cited by20 opinions

  1. Wadhams v. Flagler GayIllinois Supreme Court · 1874
  2. McJilton v. LoveIllinois Supreme Court · 1851
  3. Knickerbocker v. McKindley Coal & Mining Co.Illinois Supreme Court · 1898
  4. Smith v. BrittenhamIllinois Supreme Court · 1884
  5. McQueeney v. ToomeyMontana Supreme Court · 1907

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