Legal Opinion

Perkins v. Bulkley

Illinois Supreme Court

Decided April 1, 1897PublishedCited by 1 opinion

Writ op Error to the Circuit Court of Effingham county; the Hon. E. D. Youngblood, Judge, presiding. Defendant in error brought this action of ejectment in the circuit court of Effingham county, to the October term, 1893, to recover possession of certain lands, described in her declaration as follows: “The west half of lot No. 1, of the north-east quarter of section 1, township 6 north, range 6, east of the third principal meridian, in the district of land subject to sale at…

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Writ op Error to the Circuit Court of Effingham county; the Hon. E. D. Youngblood, Judge, presiding. Defendant in error brought this action of ejectment in the circuit court of Effingham county, to the October term, 1893, to recover possession of certain lands, described in her declaration as follows: “The west half of lot No. 1, of the north-east quarter of section 1, township 6 north, range 6, east of the third principal meridian, in the district of land subject to sale at Springfield, Illinois, containing forty acres, (being S. W. quarter of N. E. quarter of section 1, T. 6, N., R. 6, E.…

1Opinion of the CourtJustice Wilkin

It is first insisted that the trial court erred in overruling defendant’s motion to dismiss the suit as to him. Section 23 of the Practice act (Starr & Curtis, p. 1787,) fully authorized the ruling of the court on that motion.

On the merits of the case we think the tax title under which plaintiff in error claimed was clearly invalid. The evidence leaves no doubt as to the fact that defendant in error paid the taxes to the county treasurer for the year 1880, and received a tax receipt therefor. If that receipt had omitted the letters “N. W. N. E.” in parentheses, there could have been no…

2Cases cited1 opinion

  1. Myers v. LaddIllinois Supreme Court · 1861

3Cited by1 opinion

  1. Glos v. SheddIllinois Supreme Court · 1905

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