Legal Opinion

Hamilton v. Doolittle

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 5 opinions

Writ op Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was an action of ejectment brought in the court below, by Mary M. Doolittle and Irwin B. Doolittle, minors, who sue by their next friend, Jesse A. Uason, against John J. Hamilton, for the recovery of lots eleven and twelve, in block seventy-six, in the city of Pekin.

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Writ op Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was an action of ejectment brought in the court below, by Mary M. Doolittle and Irwin B. Doolittle, minors, who sue by their next friend, Jesse A. Uason, against John J. Hamilton, for the recovery of lots eleven and twelve, in block seventy-six, in the city of Pekin. The plaintiffs claim as children and heirs at law of Irwin B. Doolittle, deceased, who was the grantee of Peter Menard, by Jeed, with covenant of warranty, bearing date on the 22d of June, 1844, and recorded September 22d, 1858,…

1Opinion of the CourtChief Justice Walker

This contest grows out of claims to the land in controversy, based upon two' conveyances made by the same vendor, at different times to different persons Menard, in 1844, conveyed the lots to Doolittle, the father of Defendants in error. This deed was, however, not recorded until the 22d day of September, 1858. He again sold the land to Bailey on the 1st day of September, 1858, and this latter deed was recorded on the following day. Bailey conveyed the premises to Milner on the 23d day of October, 1858, and the deed was recorded on the same day. Milner sold to Prettyman by deed dated the 1st…

2Cases cited2 opinions

  1. Brown v. JacksonSupreme Court of the United States · 1818
  2. Butterfield v. SmithIllinois Supreme Court · 1850

3Cited by5 opinions

  1. Smith v. McClainIndiana Supreme Court · 1896
  2. Conwell v. Springfield & Northwestern RailroadIllinois Supreme Court · 1876
  3. Fitzgerald v. LibbyMassachusetts Supreme Judicial Court · 1886
  4. Wilhelm v. Parkersburg, Marietta & Interurban Railway Co.West Virginia Supreme Court · 1914
  5. Parker v. RandolphSouth Dakota Supreme Court · 1894

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