Graves v. Bruen
Illinois Supreme Court
This was an action of ejectment, brought in the Adams Circuit Court, to recover from Graves the possession of the northeast quarter of section number thirteen, in township one south of the base line, in range seven west of the fourth principal meridian. The defendant, in his plea of the general issue, admitted the possession of the premises, and waived all proof in relation thereto. The case was submitted to the Court for trial, without the intervention of a jury.
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This was an action of ejectment, brought in the Adams Circuit Court, to recover from Graves the possession of the northeast quarter of section number thirteen, in township one south of the base line, in range seven west of the fourth principal meridian. The defendant, in his plea of the general issue, admitted the possession of the premises, and waived all proof in relation thereto. The case was submitted to the Court for trial, without the intervention of a jury. The Court, Minshall, Judge, found for the plaintiffs below, and gave judgment accordingly. Motion for a new trial was made and…
1Opinion of the Court
Opinion by Treat, C. J.:
The deed from the Auditor recites a sale of the land in question, on the 10th of January, 1833, for the taxes due thereon for the year 1832. The 9th section of the act of the 19th of January, 1829, in force when the sale was made, declares that a “ deed from the Auditor of Public Accounts shall be evidence of the regularity and legality of the sale, until the contrary shall be made to appear; Provided, however, that no exceptions shall be taken to any such deed, but such as shall apply to the real merits of the case, and are consistent with a liberal and fair…
2Cases cited3 opinions
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