Wood v. Morton
Illinois Supreme Court
This was an action in ejectment, by notice and declaration, in the usual form, brought in the Peoria Circuit Court, by appellee against the appellant, to recover the possession of lot number eight, in block number twenty, in the town of Peoria. The cause was heard at the June term, 1848, before a jury, Catón, Justice, presiding; when a verdict and judgment were rendered for the appellee. A motion for a new trial was overruled.
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This was an action in ejectment, by notice and declaration, in the usual form, brought in the Peoria Circuit Court, by appellee against the appellant, to recover the possession of lot number eight, in block number twenty, in the town of Peoria. The cause was heard at the June term, 1848, before a jury, Catón, Justice, presiding; when a verdict and judgment were rendered for the appellee. A motion for a new trial was overruled. The errors and facts in the case upon which the decision of this Court is based, will sufficiently appear in the opinion of the Court.
1Opinion of the Court
Opinion by Mr. Justice Catón :
Under the old practice in ejectment, when the names of fictitious parties were used, the plaintiff could not recover, unless he showed himself entitled to the possession at the time of the demise laid in the declaration. Goodtille vs. Herbert, 4 Term R., 680; Jackson vs. Wheeler, 6 John. R., 272. The same principle obtains under our statute regulating the action of ejectment, and abolishing the fiction formerly resorted to. In this case, the declaration avers, that the plaintiff was possessed of, and had a fee simple title to, the premises in question, on the…
2Cases cited1 opinion
- Siglar v. Van RiperNew York Supreme Court · 1833
3Cited by3 opinions
- Paul v. FriesSupreme Court of Florida · 1882
- Schoonmaker v. DoolittleIllinois Supreme Court · 1886
- Dade County v. General Waterworks Corp., Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County1971