Milliken v. Marlin
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. S. D. Puterbaugh, Judge, presiding. This was an action of ejectment, brought in the circuit court of Stark county, for the recovery of the sw. qr. of sec. 32, T. 13, N., E.. 7, E., and taken by change of venue to the circuit court of Peoria county.
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Appeal from the Circuit Court of Peoria county; the Hon. S. D. Puterbaugh, Judge, presiding. This was an action of ejectment, brought in the circuit court of Stark county, for the recovery of the sw. qr. of sec. 32, T. 13, N., E.. 7, E., and taken by change of venue to the circuit court of Peoria county. On the trial of the cause the circuit court, among others, gave the following instruction referred to in the opinion of the court, numbered 22: “ The jury are further instructed that it is not the number of witnesses that creates the preponderance of proof, but it is the amount of truth,…
1Opinion of the CourtJustice Walker
This was an action of ejectment, brought in the circuit court of Stark county, for the recovery of a quarter section of land. The declaration contained two counts, the first in the name of John Brandon, and the second in the name of Augustus Marlin as his' conservator. The plea of not guilty was filed. The venue of the case was changed to the Peoria circuit court. Some years after the suit had been commenced Brandon died, and his heirs were made plaintiffs.
On the trial in the court below, plaintiffs read in evidence a copy of a patent from the United States government to Brandon for the land…
2Cases cited3 opinions
- Reed v. KempIllinois Supreme Court · 1855
- Woodward v. BlanchardIllinois Supreme Court · 1855
- Hinchman v. WhetstoneIllinois Supreme Court · 1859
3Cited by10 opinions
- Stebbins v. DuncanSupreme Court of the United States · 1883
- Snell v. DavisAppellate Court of Illinois · 1909
- Schubert v. SchubertAppellate Court of Illinois · 1912
- Cohen v. CohenIllinois Supreme Court · 1919
- Meyer v. JopsonIllinois Supreme Court · 1932
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