Brown v. Banner Coal & Coal Oil Co.
Illinois Supreme Court
Appeal from the Circuit Court of Bock Island county. This is an action of ejectment, brought against the corporation, to April term, 1873, in the circuit court of the county tif Bock Island, by the widow and heirs-at-law of William Brown. The last trial of the issue was in 1878, which resulted in a finding for defendant, and judgment thereon, from which plaintiff appeals to this court. The land involved in the action was owned, in 1844, by one Periander Pollock.
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Appeal from the Circuit Court of Bock Island county. This is an action of ejectment, brought against the corporation, to April term, 1873, in the circuit court of the county tif Bock Island, by the widow and heirs-at-law of William Brown. The last trial of the issue was in 1878, which resulted in a finding for defendant, and judgment thereon, from which plaintiff appeals to this court. The land involved in the action was owned, in 1844, by one Periander Pollock. Pollock, being thus the owner in fee, conveyed the land, by warranty deed of that date, to William Brown. This deed was not recorded…
1Opinion of the CourtChief Justice Dickey
The only question we need notice in this case is, which of ' the two deeds made by Pollock shall, prevail. Counsel for appellants insist with much force that the grantee in such a' quitclaim deed as that of Pollock, made in 1865, is not a subsequent purchaser in good faith of the same thing which was conveyed by his former deed to Brown.
Were this an open question before us, the suggestions presented in their argument would be entitled to very great consideration ; but the question is settled in this State by a line of authorities, which constitute a rule of property, and ought not to be…
2Cases cited1 opinion
- Butterfield v. SmithIllinois Supreme Court · 1850
3Cited by15 opinions
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- JoJan Corp. v. BrentAppellate Court of Illinois · 1999
- Sherman v. ShermanSouth Dakota Supreme Court · 1909
- Strong v. WhybarkSupreme Court of Missouri · 1907
- American Mortgage Co. v. HutchinsonOregon Supreme Court · 1890
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