Legal Opinion

Smith v. Rankin

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 3 opinions

This was an action of ejectment, brought by Rankin, in the Circuit Court of Marshall county, for the recovery of the N. E. quarter of section No. 19, in township 13 N., range No. 9 E. of 4th P. M. Declaration, notice, bond for costs and affidavit of service, filed December 21,1854. At the April term of said court, 1855, defendant was ruled to plead to plaintiff’s declaration, and filed plea of not guilty.

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This was an action of ejectment, brought by Rankin, in the Circuit Court of Marshall county, for the recovery of the N. E. quarter of section No. 19, in township 13 N., range No. 9 E. of 4th P. M. Declaration, notice, bond for costs and affidavit of service, filed December 21,1854. At the April term of said court, 1855, defendant was ruled to plead to plaintiff’s declaration, and filed plea of not guilty. The cause was tried by jury, at the April term of said court, 1856, Hollister, Judge, presiding. The plaintiff first offered in evidence a patent from the United States to Lemuel Tucker for…

1Opinion of the CourtCaton, C. J.

The only questions in this case are as to admissibility of the two deeds, which were admitted as ancient deeds, without proof of their execution in any way. One of these deeds bears date in 1819, and there is a certificate upon it, purporting to show that it was acknowledged in open court in Tennessee, in the same year of its date ; and from a certificate of the recorder of Madison county, where the lands were situated, it appears that it was recorded in the recorder’s office in that county, in the year 1820. There is no pretense that the certificate of acknowledgment was sufficient under our…

2Cited by3 opinions

  1. Cunningham v. DavisMassachusetts Supreme Judicial Court · 1900
  2. Whitman v. HeneberryIllinois Supreme Court · 1874
  3. Central Indiana Railroad v. McMainsIndiana Court of Appeals · 1914

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