Walker v. Schum
Illinois Supreme Court
Appeal from the Circuit Court of Macoupin county; the Hon. Edward T. Rice, Judge, presiding. This was an action of ejectment brought by Charles A. "Walker in the Macoupin Circuit Court, against Julius Schum, for the recovery oflot No. 8 in Miller’s addition to Carlinville. The declaration claims the premises in fee. A plea of not guilty was filed. At the December Term the cause was tried by the court and a jury.
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Appeal from the Circuit Court of Macoupin county; the Hon. Edward T. Rice, Judge, presiding. This was an action of ejectment brought by Charles A. "Walker in the Macoupin Circuit Court, against Julius Schum, for the recovery oflot No. 8 in Miller’s addition to Carlinville. The declaration claims the premises in fee. A plea of not guilty was filed. At the December Term the cause was tried by the court and a jury. On the trial plaintiff read in evidence a bill in chancery, the decree and order of the court foreclosing the mortgage and ordering the sale of the premises. He proposed to read the…
1Opinion of the CourtChief Justice Walker
On the trial in the court below, plaintiff offered a master’s deed, made under a decree and sale of the premises, on the foreclosure of a mortgage. He at the time offered the record and decree in the foreclosure suit, which was admitted upon the agreement that he would follow it up with other legitimate evidence. When he offered the master’s deed, he stated that he did not intend to offer an order of the court approving the sale and deed. Thereupon the court below excluded this evidence. This, then, presents the question whether a master’s deed, in all cases, depends upon a report by him of…
2Cases cited1 opinion
- Moore v. TitmanIllinois Supreme Court · 1864
3Cited by6 opinions
- Winchell v. EdwardsIllinois Supreme Court · 1870
- Redmond v. CassIllinois Supreme Court · 1907
- Faulds v. TiltonCourt of Appeals for the Seventh Circuit · 1911
- Schlesinger v. AllenAppellate Court of Illinois · 1897
- Harwood v. CoxAppellate Court of Illinois · 1887
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