Cody v. Hough
Illinois Supreme Court
This cause was tried before Hollister, Judge, and a jury, at December term, 1856, of the La Salle Circuit Court. There was a verdict for the plaintiff in the court below, and. a judgment upon that verdict. The defendant below brings the cause to this court by appeal, and assigns errors. The facts of the case are stated in the opinion of the court.
1Opinion of the CourtWalker, J.
David L. Hough sued Richard Cody in an action of ejectment, in the La Salle Circuit Court, to the November term, 1856, for lot five, block one hundred, and nineteen, in La Salle. Plea, general issue. A trial was had before the court and a jury. The record shows that jfiaintiff, on the day before the trial, gave defendant’s counsel notice-to produce the patent for the lot in controversy, or the plaintiff would insist upon his right to give secondary evidence of its contents ; that the patent was not produced on the trial. It was conceded that the patent was in the hands of Isaac Cook, the…
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