Ballance v. Underhill
Illinois Supreme Court
This cause was heard in the Court below, at the October term, 1841, before the Hon. Thomas Ford. All th'e facts necessary to be stated in this case, appear in the opinion of the Court, except that the certificate of the cleric, before whom Ewalt and Parker’s depositions were taken, did not certify, as the plaintiff in error contended it should, that “previous to the examination” of said witnesses, they were “sworn (or affirmed) by the person or persons authorized to take the…
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This cause was heard in the Court below, at the October term, 1841, before the Hon. Thomas Ford. All th'e facts necessary to be stated in this case, appear in the opinion of the Court, except that the certificate of the cleric, before whom Ewalt and Parker’s depositions were taken, did not certify, as the plaintiff in error contended it should, that “previous to the examination” of said witnesses, they were “sworn (or affirmed) by the person or persons authorized to take the same, to testify the truth in relation to the matter in controversy, so far as they might be interrogatednor that the…
1Opinion of the CourtCaton, Justice
This was a suit in chancery, commenced by Ballance against Underhill, and the heirs at law of Lewis Bigelow, deceased, in the Peoria Circuit Court. From the pleadings, exhibits, and proofs in the case, we find the following facts to be established, which are all that it is deemed necessary to stale to a full understanding of the case:
In November, 1837,-the complainant, Underhill, and Bigelow appeared before the land officers at Quincy, for the purpose of establishing their respective rights to a preemption to the S. E. fractional quarter of section nine [9], in township eight [8] north, in…
2Cited by3 opinions
- Fyffe v. FyffeAppellate Court of Illinois · 1937
- Chicago Title & Trust Co. v. HerlinAppellate Court of Illinois · 1939
- Houck v. HerrickAppellate Court of Illinois · 1914