Williams v. Merritt
Illinois Supreme Court
Archibald Williams filed in the Hancock Circuit Court, a declaration in ejectment, in the usual form, against Richmond Merritt, for the recovery of south-west 36, 6 north, 7 west, in said county, claiming title thereto in fee simple. Merritt filed his plea of not guilty to said declaration, on which, issue to the country was joined.
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Archibald Williams filed in the Hancock Circuit Court, a declaration in ejectment, in the usual form, against Richmond Merritt, for the recovery of south-west 36, 6 north, 7 west, in said county, claiming title thereto in fee simple. Merritt filed his plea of not guilty to said declaration, on which, issue to the country was joined. On 11th March, 1859, at a term of said court then held, the parties waived a jury, by consent, and the cause was tried by the court before Sibley, Judge. The court found for defendant; a motion for a new trial was made by plaintiff and overruled, and judgment…
1Opinion of the CourtBreese, J.
This case, differing only in the name of the plaintiff, has been before the Supreme Court of the United States, and well considered by that enlightened tribunal, and a judgment rendered for the defendant. No additional fact is presented by ' the record at this time, so as to affect the merits in any way. The transactions out of which the controversy arises, are very stale, having occurred more than thirty-nine years ago ; two generations nearly having passed away since their origin.
We have considered the case diligently, and have examined all the authorities counsel have cited, and read with…
2Cases cited2 opinions
- Cairnes v. BleeckerNew York Supreme Court · 1815
- Lanfear v. SumnerMassachusetts Supreme Judicial Court · 1821
3Cited by7 opinions
- Searing v. ButlerIllinois Supreme Court · 1873
- Taylor v. HopkinsIllinois Supreme Court · 1866
- Hardin v. CrateIllinois Supreme Court · 1871
- Johnston v. BerryAppellate Court of Illinois · 1878
- Irle v. Nichols & Shepard Co.Appellate Court of Illinois · 1900
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