Stout v. Cook
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon. Jesse O. Horton, Judge, presiding. This case was originally heard at the April Term, 1865, when an opinion was delivered, which is reported in 37 Ill. 284. At the April Term, 1866, a rehearing was granted, upon grounds not presented or considered upon the former argument, and which are set forth in the opinion of the court.
1Opinion of the CourtJustice Lawrence
The opinion on the chief point in this case was delivered at a former term, and is reported in 37 Ill. 284. A rehearing was afterward allowed on a question not specially presented to the court at that time, nor considered in the opinion, namely, the jurisdiction of the court of chancery in a case of this character. It is urged, that, as we hold the title derived under the sheriff’s sale to be void, and as the complainants were not in possession, they might have brought an action of ejectment. This is true, and if this question had been presented in the court below, by demurrer or plea, or…
2Cited by44 opinions
- Clemmer v. Drovers' National BankIllinois Supreme Court · 1895
- Magee v. MageeIllinois Supreme Court · 1869
- Preteca v. Maxwell Land Grant Co.Court of Appeals for the Eighth Circuit · 1892
- Kelly v. GalbraithIllinois Supreme Court · 1900
- Comstock v. HenneberryIllinois Supreme Court · 1872
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