Wiggins v. Lusk
Illinois Supreme Court
This case is fully stated in the opinion of the Court. The judgment was rendered by Woodson, Judge, at September term, 1850, of the Morgan Circuit Court, and the plaintiff below appealed.
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This case is fully stated in the opinion of the Court. The judgment was rendered by Woodson, Judge, at September term, 1850, of the Morgan Circuit Court, and the plaintiff below appealed. The errors assigned, are, the receiving the testimony of Waldo, stating conversations between the witness and I. J. C. Smith, at the time the deed was executed by said Smith, to McDowell; the receiving as testimony the record of the suit between Edward Lusk and Mary Lusk, against the heirs of Smith; in deciding that the plaintiff was only entitled to recover an undivided half of the land in controversy.
1Opinion of the CourtTreat, C. J.
This was an action of ejectment brought by Wiggins against Lusk, to recover the possession of eighty acres of land, situated in Morgan county. On the trial, the possession of the defendant was admitted, and the plaintiff introduced the following evidence:—1st. A patent from the United States to Isaac J. C. Smith, dated the 15th of October, 1834, for an undivided half of the land. 2d. A certificate of the Register of the land office, showing the purchase by Winny Boswell of the whole tract, on the 3d of July, 1832 ; and likewise showing, that Smith proved a right of pre-emption to the land,…
2Cases cited1 opinion
- Wilcox v. JacksonSupreme Court of the United States · 1839
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