Smith v. Price
Illinois Supreme Court
Writ of Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was an action of trespass brought by Smith against Price in the Circuit Court of Marion county, at the March Term, 1866. The premises on which the alleged trespasses were committed had been sold by Price to Smith, as appears by a bond for a deed dated 23d May, 1864. This bond recites that $2,000 of the purchase price was paid in hand; the remaining $1,500 was payable in…
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Writ of Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was an action of trespass brought by Smith against Price in the Circuit Court of Marion county, at the March Term, 1866. The premises on which the alleged trespasses were committed had been sold by Price to Smith, as appears by a bond for a deed dated 23d May, 1864. This bond recites that $2,000 of the purchase price was paid in hand; the remaining $1,500 was payable in twelve months. Smith went into possession at the time of the purchase. In the spring of 1865 Price removed from the place…
1Opinion of the CourtJustice Lawrence
This was an action of trespass brought by Smith against Price, to recover damages for young trees and ornamental shrubs removed by the defendant from the plaintiff’s premises. The parties went to trial under issues formed upon a plea of not guilty and a special plea of license. The jury found for the defendant, and a motion for a new trial was made and overruled. This motion should have been allowed. The verdict was palpably against the evidence and the instructions of the court. As to the trees removed in the autumn of 1864, the jury might have found a license, or have presumed one from the…
2Cited by10 opinions
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- Stanwood v. KuhnAppellate Court of Illinois · 1907
- Wright v. TroutmanIllinois Supreme Court · 1876
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