Emory v. Keighan
Illinois Supreme Court
Appeal from the Circuit Court of Ford county; the Hon. Owen T. Reeves, Judge, presiding. This is ejectment, brought by Emory, March 20, 1877, against Keighan and others, claiming in fee the land in controversy. A plea of not guilty was interposed by defendants. On this issue the verdict was for the defendants. Plaintiff moved for a new trial, which was refused, and defendants had judgment, and plaintiff appeals. The evidence is all preserved in a bill of exceptions.
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Appeal from the Circuit Court of Ford county; the Hon. Owen T. Reeves, Judge, presiding. This is ejectment, brought by Emory, March 20, 1877, against Keighan and others, claiming in fee the land in controversy. A plea of not guilty was interposed by defendants. On this issue the verdict was for the defendants. Plaintiff moved for a new trial, which was refused, and defendants had judgment, and plaintiff appeals. The evidence is all preserved in a bill of exceptions. On trial, plaintiff showed title in Harrison Tiner in July, 1856, and to show title in himself gave in evidence, also, a deed of…
1Opinion of the CourtJustice Dickey
In the case of Pollock et al. v. Maison et al. 41 Ill. 517, decided twelve years ago, the nature, character and effect of a mortgage in this State was considered and determined. It was there held by this court, that the existence of the debt, for the securing of which a mortgage is given, is essential to the life of the mortgage, and that when the debt is paid, discharged, released, or barred by the Statute of Limitations, or by a judgment of a court, the mortgage is gone, and has effect no longer.
In this case plaintiff’s proof made a good prima facie case for him. The defense offered was,…
2Cases cited2 opinions
- Kilgour v. GockleyIllinois Supreme Court · 1876
- Hall v. LanceIllinois Supreme Court · 1861
3Cited by32 opinions
- Ashley v. CookSupreme Court of Georgia · 1900
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
- Emory v. KeighanIllinois Supreme Court · 1880
- Camden v. AlkireWest Virginia Supreme Court · 1884
- McGovney v. GwillimColorado Court of Appeals · 1901
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