Oakes v. Oakes
Illinois Supreme Court
This was an action of assumpsit brought against the administratrix of the estate of John Oakes, deceased, upon an account filed in the probate office of Scott County, on the fifth day of January, 1854, and, by consent, taken to the circuit court of that county and tried at the October term of that court, before Woodson, Judge, and a jury. Yerdiet and judgment for defendant.
Read the full summary
This was an action of assumpsit brought against the administratrix of the estate of John Oakes, deceased, upon an account filed in the probate office of Scott County, on the fifth day of January, 1854, and, by consent, taken to the circuit court of that county and tried at the October term of that court, before Woodson, Judge, and a jury. Yerdiet and judgment for defendant. The account was for a horse, saddle and bridle, charged March 8th, 1847; a wagon, charged November 15,1848, and other articles at the same time; and for rent of farm prior to acquiring title from said Oliver Oakes, at $300…
1Opinion of the Court
Catón, J.
We cannot feel satisfied with the verdict in this case. The claim for the horse, saddle, bridle and wagon were undoubtedly barred by the statute of limitations, but the rent was not, at least, a part of it. The evidence is that the defendant’s intestate occupied the farm of the plaintiff for five years, from the year 1848 to 1852 inclusive, and that a reasonable rent -for the place was three hundred dollars per year. There is no evidence of an express contract for rent, nor is there any evidence that the defendant’s intestate was a trespasser or intruder upon the land, or that he in…
2Cited by13 opinions
- Reinbold v. Morton Community Bank (In re Mid-Illini Hardwoods, LLC)United States Bankruptcy Court, C.D. Illinois · 2017
- Black v. MillerSupreme Court of Iowa · 1912
- Beacom v. DaleyNebraska Supreme Court · 1957
- Fender v. RogersAppellate Court of Illinois · 1901
- W. C. Walsh & Co. v. TaylorAppellate Court of Illinois · 1908
8 more not listed; retrieve them via the Exa API.