McClure v. Engelhardt
Illinois Supreme Court
This was an action of ejectment instituted by McClure against Engelhardt for the recovery of the north-west quarter of the south-west quarter, and south-east quarter of north-east quarter of Section 5, in T. 2 N., R. 7 W., in St. Clair county. Plea, general issue. It was tried by the court at April term, 1849. The court found for the defendant and rendered judgment against the plaintiff for costs.
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This was an action of ejectment instituted by McClure against Engelhardt for the recovery of the north-west quarter of the south-west quarter, and south-east quarter of north-east quarter of Section 5, in T. 2 N., R. 7 W., in St. Clair county. Plea, general issue. It was tried by the court at April term, 1849. The court found for the defendant and rendered judgment against the plaintiff for costs. The plaintiff proved on the trial that the lands in question were entered at the proper land office on the 16th day of January, 1839, by William Cobb, and on the 8th of January, 1840, Cobb and wife…
1Opinion of the CourtScates, C. J.
At the time of the levy of this execution, Shores appears to have been in possession of the premises, and owned an equity of redemption—both of which were subject to levy and sale under it. Acts 1841, 171, Sec. 7; Rev. Stat. 1845, p. 300, Sec. 1. Switzer et al. v. Skiles et al., 3 Gil. R. 532, 533; Turney et al. v. Saunders et al., 4 Scam. R. 532; Jackson ex dem. Stone v. Scott, 18 John. R. 94; Jackson v. Parker, 9 Cow. R. 80, 84, 85.
Judgments were not liens upon lands at the common law, because lands were not liable to sale, but levies were liens, upon such property as was liable to be taken…
2Cited by10 opinions
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