Byrne v. Morehouse
Illinois Supreme Court
This was an action of ejectment,- declaring for the undivided half of lot No. 8, block A, in the city of Galena, county of Jo Daviess, Illinois. Plea, general issue. Stipulation by parties, upon which cause was tried. Lot entered by David Smith and John McNulty, July 26,1837. May 29, 1838, deed of partition made of said lot between Smith, McNulty and James Nagle. Recorded July 26th, 1839. Wm.
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This was an action of ejectment,- declaring for the undivided half of lot No. 8, block A, in the city of Galena, county of Jo Daviess, Illinois. Plea, general issue. Stipulation by parties, upon which cause was tried. Lot entered by David Smith and John McNulty, July 26,1837. May 29, 1838, deed of partition made of said lot between Smith, McNulty and James Nagle. Recorded July 26th, 1839. Wm. Navin recovered judgment against said Nagle, before a justice of the peace, and filed transcript in the clerk’s office of the Circuit Court. Execution issued, and all of Nagle’s interest in said lot was…
1Opinion of the CourtCaton, C. J.
The only question which this record presents, arises upon the deed of partition executed on the 29th of May, ■1838, by McNulty, Smith and Nagle. That deed must receive the same construction, now that the grantees of the parties to it are contesting their respective rights arising under it, as if this controversy had arisen between the original parties to the deed. That deed recites that whereas Wann, Turney and Leach, commissioners on behalf of the United States, did, on the 28th of February, 1838, certify that McNulty, Smith and Nagle, were entitled to a pre-emption to lots eight and nine,…
2Cited by6 opinions
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Ambarann Corp. v. Old Ben Coal Corp.Illinois Supreme Court · 1946
- Kershaw v. KershawIllinois Supreme Court · 1882
- Twigger v. TwiggerOregon Supreme Court · 1924
- Pinckard v. MilmineIllinois Supreme Court · 1875
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