Funk v. Eggleston
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. W. K. MoAllistek, Judge, presiding. This was an action of ejectment, brought by appellants, to recover an undivided part of the south thirty feet of lot 6, in block 2, fractional section 15, addition to Chicago, the property being situated on the east side of State street, between Madison and Monroe, in the city of Chicago.
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Appeal from the Circuit Court of Cook county; the Hon. W. K. MoAllistek, Judge, presiding. This was an action of ejectment, brought by appellants, to recover an undivided part of the south thirty feet of lot 6, in block 2, fractional section 15, addition to Chicago, the property being situated on the east side of State street, between Madison and Monroe, in the city of Chicago. There were several counts in the declaration, in some of which the plaintiffs joined and claimed their joint interest, and in others of which they severed and each claimed his several interest. On the trial below by…
1Opinion of the Court
Mr. Justice Baker*
delivered the opinion of the Court:
It was admitted on the trial, the appellees were in possession of the premises in controversy at the time of the institution of the suit, as tenants of the executors of the last will and testament of Sarah Funk, deceased.
Mrs. Harriet Albee was examined as a witness on behalf of appellees. It was objected that she was not a competent witness, as she was directly interested in the event of the litigation and appellants were suing as the heirs and devisees of Absalom Funk, deceased. The substantial facts to which she testified were, that Sarah…
2Cases cited2 opinions
- White v. . HicksNew York Court of Appeals · 1865
- Fairman v. BealIllinois Supreme Court · 1852
3Cited by56 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- McCullough's Adm'r v. AndersonCourt of Appeals of Kentucky · 1890
- President & Fellows of Harvard College v. BalchIllinois Supreme Court · 1898
- Hill v. ConradTexas Supreme Court · 1897
- South v. SouthIndiana Supreme Court · 1883
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