Haywood v. Collins
Illinois Supreme Court
Appeal from the Circuit Court of Cook county. ■ This was a bill in chancery, filed by Rufus Haywood in the circuit court of Cook county, against "Watson Collins, Nathan 33. Gladding, Allen Bacon, John M. Ware, Henry J. Goodrich, Charlotte P. Goodrich and Moses D. Wells, for the purpose of having deeds of conveyance of lands they claimed set aside as a cloud on title to his lands.
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Appeal from the Circuit Court of Cook county. ■ This was a bill in chancery, filed by Rufus Haywood in the circuit court of Cook county, against "Watson Collins, Nathan 33. Gladding, Allen Bacon, John M. Ware, Henry J. Goodrich, Charlotte P. Goodrich and Moses D. Wells, for the purpose of having deeds of conveyance of lands they claimed set aside as a cloud on title to his lands. It is .claimed that the judgment in attachment against complainant, and under which the lands were sold, was void for want of service on complainant, either actual or constructive. Defendants', filed their answer to…
1Opinion of the CourtJustice ThorNTON
We propose to consider two questions :
First — Was the judgment of the circuit court of Coles county void or only voidable?
Second — Does the record of the court, as amended in 1870, afford evidence of the due publication of notice ?
In May, 1860, proceedings in attachment were commenced in the Coles county circuit court against appellant and one Bane.
Appellant was a resident of New York, and Bane resided in Coles county.
A writ of attachment was issued and directed to the sheriff of Cook county, levied upon the real estate in controversy as the property of appellant, and returned “not found” as…
2Cases cited25 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Borden v. FitchNew York Supreme Court · 1818
- Mills v. MartinNew York Supreme Court · 1821
- Propst v. MeadowsIllinois Supreme Court · 1851
- Bigelow v. StearnsNew York Supreme Court · 1821
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3Cited by35 opinions
- Harris v. LesterIllinois Supreme Court · 1875
- Payson v. People ex rel. ParsonsIllinois Supreme Court · 1898
- Rabbitt v. Frank C. Weber & Co.Illinois Supreme Court · 1921
- Foley v. FoleyAppellate Court of Illinois · 1895
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
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