Phelps v. Smith
Illinois Supreme Court
This was an action of ejectment brought by Phelps against Smith in the Jo-Davies Circuit Court, to recover the undivided half of lots eight and nine in the town of Galena. Plea, not guiltyverdict, not guilty.' Cause heard before Sheldon, Judge, and a jury, at March term, 1854, of the Jo-Davies circuit court.
1Opinion of the CourtCaton, J.
Guyard & Morehouse made improvements upon the lots in question in 1828, which entitled them to a preemption thereto, under the act of 2d of February, 1829, and the act amendatory thereto. In November, 1829, Guyard transferred by quitclaim deed his interest in the premises to the plaintiff Phelps. Subsequently Guyard disappeared and was supposed to be dead, and Morehouse took out letters of administration upon .his estate. Afterwards Morehouse appeared before the commissioners appointed under the act of congress to decide claims for preemptions, and claimed a preemption in his own right as to…
2Cited by2 opinions
- Ewing v. JonesIndiana Supreme Court · 1892
- Bowman v. LongIllinois Supreme Court · 1878