Legal Opinion

Goudy v. Hall

Illinois Supreme Court

Decided January 15, 1863PublishedCited by 25 opinions

This was an action of ejectment, commenced A. D. 1861, in Fulton Circuit Court, by the plaintiffs in error, W. C. Goudy, 8. C. Judd and T. A. Boyd, against the defendant in error, for the recovery of the east half of south-east quarter Section 15; also, the east half of north-east quarter Section 15, except one acre off the east side of said last mentioned tract; also, the south half of south-east quarter of south-east quarter Section 10, except one fourth of an acre off…

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This was an action of ejectment, commenced A. D. 1861, in Fulton Circuit Court, by the plaintiffs in error, W. C. Goudy, 8. C. Judd and T. A. Boyd, against the defendant in error, for the recovery of the east half of south-east quarter Section 15; also, the east half of north-east quarter Section 15, except one acre off the east side of said last mentioned tract; also, the south half of south-east quarter of south-east quarter Section 10, except one fourth of an acre off east side of said last mentioned tract; all lying in Township 6 north, Range 2 east, in said county of Fulton, Illinois.…

1Opinion of the CourtCaton, C. J.

This case depends entirely on the question whether the court which rendered the decree for the sale of the land had jurisdiction, and that depends upon the -inquiry whether there was a publication of notice as required by law. The court in the decree finds that the requisite notice had been given in these words: “and due notice having been given.” This was an inquiry which the court was called upon to make, and which it was its duty to decide, and the finding of the court on this question, has, by many very respectable courts, been held to be conclusive; against which no averment or proof can…

2Cases cited2 opinions

  1. Whitney v. PorterIllinois Supreme Court · 1860
  2. Gibson v. RollIllinois Supreme Court · 1862

3Cited by25 opinions

  1. Shrader v. ShraderSupreme Court of Florida · 1895
  2. Payson v. People ex rel. ParsonsIllinois Supreme Court · 1898
  3. Rabbitt v. Frank C. Weber & Co.Illinois Supreme Court · 1921
  4. People Ex Rel. Carlstrom v. ShurtleffIllinois Supreme Court · 1933
  5. Haywood v. CollinsIllinois Supreme Court · 1871

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