Legal Opinion
Dickinson v. Breeden
Illinois Supreme Court
Decided November 15, 1860PublishedCited by 12 opinions
This was an action of ejectment by appellee against appellant. On the trial the plaintiff offered in evidence a copy of a deed from James J. Dozier to Elisha L. Conant, which formed a portion of his chain of title. The court below admitted the copy in evidence, and defendant excepted. The remaining facts necessary to a full understanding of the decision are stated in the opinion.
1Opinion of the CourtBreese, J.
The only point we shall now consider is, as to the sufficiency of the proof to account for the absence of the original deed from Dozier to Conant. The only proof offered on the point was the following affidavit of the plaintiff in the action:
“ James W. Breeden, the aforesaid plaintiff, being first duly sworn, deposes and says, that it is not in his power to produce upon the trial of said cause the original of a deed from James J. Dozier to E. L. Conant, dated 8th October, 1835, and for the premises in controversy in this case, and recorded in Hancock county, Illinois, in book “B” of deeds,…
2Cited by12 opinions
- Winter v. DibbleIllinois Supreme Court · 1911
- Bishop v. American Preservers' Co.Illinois Supreme Court · 1895
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Pardee v. LindleyIllinois Supreme Court · 1863
- Wiseman v. N. P. R. R.Oregon Supreme Court · 1891
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