Smith v. Miller
Illinois Supreme Court
Weit of Error to tbe Circuit Court of Cook county; the Hon. George Manierre, Judge, presiding. This was an action of ejectment instituted in the court below, by Ezekiel S. Smith against Youngs W. Miller, and Polly Ann Miller, to recover lot number one, and the north half of lot number two, in block twenty-nine, in the village of Dunton, Cook county.
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Weit of Error to tbe Circuit Court of Cook county; the Hon. George Manierre, Judge, presiding. This was an action of ejectment instituted in the court below, by Ezekiel S. Smith against Youngs W. Miller, and Polly Ann Miller, to recover lot number one, and the north half of lot number two, in block twenty-nine, in the village of Dunton, Cook county. The plaintiff sought to recover upon a mortgage on the premises, which had been previously executed to him by the defendants, which contained the usual words “ grant, bargain, sell and convey,” and the following habendum clause : “ To have and to…
1Opinion of the Court
Mr. Justioe WalKer
delivered the opinion of the Court.
This was an action of ejectment for the recovery of the premises in controversy, under a mortgage. It was executed on the 21st of July, 1859, by defendants in error, and matured two years after date. Mrs. Miller joined in the mortgage and acknowledgment, but only relinquished her right of dower by the acknowledgment. It appears by the agreed case, that the mortgaged premises, at the time the mortgage was executed, was the homestead of the defendants in error, and that they resided on the same from that time until, and after, this suit was…
2Cases cited2 opinions
- Vanzant v. VanzantIllinois Supreme Court · 1860
- Patterson v. KreigIllinois Supreme Court · 1863
3Cited by4 opinions
- Brown v. CoonIllinois Supreme Court · 1864
- Warner v. CrosbyIllinois Supreme Court · 1878
- Hutchings v. HugginsIllinois Supreme Court · 1871
- Wheeler v. GageAppellate Court of Illinois · 1888