Noakes v. Martin
Illinois Supreme Court
This was ejectment, brought by Martin against Noakes. Jury waived, and trial by the court. Plaintiff gave in evidence, — 1. Patent from United States to Philip W. Hackett, dated January 3, 1818. 2. Deed from Hackett to plaintiff, bearing date December 15, 1818, and recorded February 4,1820, in Madison county. Possession by the defendant was admitted.
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This was ejectment, brought by Martin against Noakes. Jury waived, and trial by the court. Plaintiff gave in evidence, — 1. Patent from United States to Philip W. Hackett, dated January 3, 1818. 2. Deed from Hackett to plaintiff, bearing date December 15, 1818, and recorded February 4,1820, in Madison county. Possession by the defendant was admitted. Defendant gave in evidence, — 1. Patent from United States to Philip W. Hackett, dated January 3, 1818. 2. Deed from Hackett to Romulus Riggs, dated April 22, 1818, and recorded December 30, 1821, in Pike county. It was admitted by the counsel on…
1Opinion of the CourtCaton, J.
Both parties claim under Hackett, as their original grantor. The deed under which the appellant claims, is the oldest in date. The junior deed was first placed upon record, and both were recorded prior to the passage of the act of December 30,1822, but neither were properly acknowledged so as to entitle them to be recorded. Up to the time of the passage of that act, the registry of both deeds was void, and neither could claim any benefit from it. The title of neither was any better than as if his deed had never been copied into the registry books. At that time the rights of the parties…
2Cited by9 opinions
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- Schaeppi v. GladeIllinois Supreme Court · 1902
- Elliott v. PearceSupreme Court of Arkansas · 1859
- Cabeen v. BreckenridgeIllinois Supreme Court · 1868
- Campbell v. KawananakoaHawaii Supreme Court · 1937
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