Polk v. Cosgrove
U.S. Circuit Court for the Northern District of Illnois
Ejectment for the one-third interest in the S. E. % and N. W. JA, section 12, township 39 N., range 13 E., in Cook county, Illinois.
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Ejectment for the one-third interest in the S. E. % and N. W. JA, section 12, township 39 N., range 13 E., in Cook county, Illinois. It was stipulated that Joseph M. Faulkner had title on the 20th of June, 1836, and the plaintiff [Edward L. Polk] claimed under a deed in attachment proceedings instituted by James Marsh against Faulkner, February 15, 1838. Judgment recovered May 23, and deed in due form by the sheriff to Marsh November 1, 1840. Marsh afterwards conveyed to plaintiff. The defendant [Alfred Cosgrove] claimed that on the 13th of September, 1830, Faulkner made a deed to one…
1Opinion of the CourtDrummond, District Judge
(charging jury). If Faulkner made a valid deed of the property to Mr. Birdsall on the 13th of Sep. tember, 1836, and that deed was filed for record in the recorder’s office of this county where the land lies, and prior to the issuing of that attachment, as a matter of course, the plaintiff cannot recover.
By the law in force at that time, every deed took effect from the time it was filed for record as against third parties purchasing from the grantor in good faith and without notice of such deed. Of course, as between the parties, a deed is always good, whether recorded or not.
The law at that…
2Cases cited2 opinions
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