Legal Opinion

McNair v. Schwartz

Illinois Supreme Court

Decided November 15, 1854PublishedCited by 12 opinions

This cause was heard before Denning, Judge, and a jury, at September term, 1853, of Jackson Circuit Court. Verdict and judgment for the plaintiff in the Circuit Court. The defendant sued out this writ of error.

1Opinion of the CourtTreat, C. J.

This was an action of assumpsit, brought by Schwartz against McNair. The declaration was for the use and occupation of a farm. It appeared in evidence, that in June, 1845, McNair purchased the farm of "Schwartz, and gave his promissory no tes for the price, the last falling due in November, 1848; and received from Schwartz a bond for the conveyance of the farm on the payment of the notes. McNair went into possession under the contract, and continued in possession, cultivating and improving the farm, until February, 1852; he also made some payments on the notes. The jury returned a verdict in…

2Cases cited4 opinions

  1. Smith v. StewartNew York Supreme Court · 1810
  2. Dudding v. HillIllinois Supreme Court · 1853
  3. Vandenheuvel v. StorrsSupreme Court of Connecticut · 1819
  4. Hough & Wood v. BirgeSupreme Court of Vermont · 1839

3Cited by12 opinions

  1. Hadley v. MorrisonIllinois Supreme Court · 1866
  2. Phelps v. ConoverIllinois Supreme Court · 1861
  3. Jackson v. ReeterAppellate Court of Illinois · 1915
  4. Roselle Park Building & Loan Ass'n v. FriedlanderSupreme Court of New Jersey · 1935
  5. Drainage District No. One v. DowdAppellate Court of Illinois · 1907

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