Moffitt v. Moffitt

Appellants brought ejectment, to recover a tract of land. On the trial, the plaintiffs proved title by a deed of convevance, with covenants of warranty, from defendant to Abner Moffitt, their ancestor, bearing date on the 11th of October, 1854, and proved that Abner Moffitt entered into possession, in his lifetime, under the deed from defendant, and was residing on it at the time of his death. Appellee then admitted that he was in possession of the premises when the suit was commenced.

The defense interposed was, the proceedings had in the county court of Peoria county for the sale of the land…