Gage v. Schroder
Illinois Supreme Court
Appeal from the Circuit Court of Lake county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of ejectment, by Alonzo Gage, Allen Mulleins and Samantha J. Mulleins, against John Schroder, for the recovery of two tracts of land. The plaintiffs claimed title as children and only heirs of Stephen I. Gage, deceased.
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Appeal from the Circuit Court of Lake county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of ejectment, by Alonzo Gage, Allen Mulleins and Samantha J. Mulleins, against John Schroder, for the recovery of two tracts of land. The plaintiffs claimed title as children and only heirs of Stephen I. Gage, deceased. The defendant relied upon a deed executed to his grantor by Leonard Loomis, administrator of Stephen I. Gage, deceased, made under a decree of the county court of Lake county in May, 1863, for the sale of the land to pay debts. On the trial, after proof of the loss…
1Opinion of the CourtChief Justice Walker
It is first objected that the court below erred in receiving parol evidence of the contents of the petition, printer’s certificate, and decree of court ordering a sale of the premises in controversy, which were proved to have been lost. The case of Barnett v. Wolf, 70 Ill. 76, is referred to in support of the proposition. There is scarcely any analogy between that and this case. In that, the record remained full and unimpaired, whilst in this case the record has been lost or destroyed. In that case, the effort was to prove that the notice was sufficient, although as it appeared on file it was…
2Cases cited4 opinions
- Barnett v. WolfIllinois Supreme Court · 1873
- Peak v. ShastedIllinois Supreme Court · 1859
- Goudy v. HallIllinois Supreme Court · 1865
- Hall v. DavisIllinois Supreme Court · 1867
3Cited by3 opinions
- Nelson v. . WhitfieldSupreme Court of North Carolina · 1880
- People v. CottonIllinois Supreme Court · 1911
- Palmer v. Illinois Liquor Control CommissionAppellate Court of Illinois · 1979