Gaty, Cune & Glasby v. Pittman
Illinois Supreme Court
This was an action of ejectment, commenced at May term, 1845, by Gaty and others vs. Bagaw. The first trial resulted in a verdict for plaintiffs, and a judgment. . The defendant, under the statute, set the judgment aside. There was a second trial at the May term, 1846, which resulted in a verdict for the defendant. The plaintiffs, under the statute, set aside the verdict, and a new trial was had at the April term, 1848, which resulted in a verdict for plaintiffs.
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This was an action of ejectment, commenced at May term, 1845, by Gaty and others vs. Bagaw. The first trial resulted in a verdict for plaintiffs, and a judgment. . The defendant, under the statute, set the judgment aside. There was a second trial at the May term, 1846, which resulted in a verdict for the defendant. The plaintiffs, under the statute, set aside the verdict, and a new trial was had at the April term, 1848, which resulted in a verdict for plaintiffs. At a former term Pittman, the present defendant, was substituted for Bagaw. From the latter judgment defendant appealed. The…
1Opinion of the Court
Opinion by Mr. Justice Catón :
This was an action of ejectment, and it was agreed upon the trial, that the title to the premises in question was, on the 21st December, 1841, in one Meacham, from whom both parties claimed title.
The plaintiffs showed the levy of an attachment from the Circuit Court upon the premises in question, on the 31st of December, 1841, and a judgment, execution, sale and sheriff’s deed, all in due time; and after proving the possession, rested their case, without having shown that the sheriff, who levied the attachment, had filed a certificate thereof, with the recorder,…
2Cited by2 opinions
- Wilber v. EicholtzSupreme Court of Colorado · 1880
- Tottleben v. BlankenshipAppellate Court of Illinois · 1895