Legal Opinion

Austin v. Underwood

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 31 opinions

Appeal from the Court- of Common Pleas of the city of Elgin; the Hon. Bichard G-. Montony, Judge, presiding. This was an action of ejectment instituted in the court below by Edward W. Austin against Alexander H. Underwood. The trial resulted in a verdict and judgment in favor of Underwood, the defendant. The plaintiff, Austin, brings the case to this court by appeal. The principal facts appear in the opinion.

1Opinion of the CourtJustice Breese

This was an action of ejectment in the Common Pleas of the city of Elgin in the county of Kane, brought by appellant against appellee, for the Uortheast fraction of the Southwest quarter of section 29, Township 42 Uorth, in range 8 East, containing 55] acres, a timber lot adjoining containing four (4) acres, and another piece, adjoining on which the defendant’s house and buildings were situated in which he lived, containing twenty-one (21) acres. Trial by-jury and verdict and judgment for the defendant, andan appeal to this court.

The appellant claimed title to the premises by purchase, under…

2Cases cited1 opinion

  1. Curtis v. RootIllinois Supreme Court · 1858

3Cited by31 opinions

  1. Otis v. GregoryIndiana Supreme Court · 1887
  2. Carey v. BoyleWisconsin Supreme Court · 1881
  3. Steger v. Traveling Men's Building & Loan Ass'nIllinois Supreme Court · 1904
  4. Nichols v. OverackerSupreme Court of Kansas · 1876
  5. Federal Union Life Ins. v. DeitschOhio Supreme Court · 1934

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