Legal Opinion

Ross v. Hole

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 2 opinions

This was an action of ejectment, commenced by Ross at the May term of the Mason Circuit Court, A. D. 1856, for the recovery of town lot No. 4, in block No. 19, in the town of Havana, in said county.

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This was an action of ejectment, commenced by Ross at the May term of the Mason Circuit Court, A. D. 1856, for the recovery of town lot No. 4, in block No. 19, in the town of Havana, in said county. At the October term, 1861, the cause was tried before Harriot, Judge, and a jury, and on the trial of the cause the plaintiff offered and read in evidence, 1. A patent from the United States to Ossian M. Ross, for the tract of lánd on which the said town of Havana is situated, dated December 8, 1827. 2. A plat of the town of Havana, laid off, executed and acknowledged by Ossian M. Ross, on said…

1Opinion of the CourtCaton, C. J.

There are several errors in this record, for which the judgment must be reversed. In the first place, we think it was competent to show by the certificate of the county clerk, the state of the county records, for the purpose of proving that Fisk, before whom the acknowledgment of the deed was taken, was not, at the time the acknowledgment purported to have been taken, a justice of the peace. It seems to us as competent to make it appear by the certificate of the - county clerk that his records show that there was no such justice in the county at the time, as that a particular person was at a…

2Cited by2 opinions

  1. Kline v. MuellerSupreme Court of Oklahoma · 1928
  2. Martin & Co. v. Heilman Machine WorksAppellate Court of Illinois · 1900

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