Legal Opinion

Barrows v. Kindred

Supreme Court of the United States

Decided January 21, 1867PublishedCited by 22 opinions

Error to the Circuit Court of the United States for the Southern District of Illinois; the case being thus : The statute of Illinois regulating the action of ejectment abolishes all fictions.

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Error to the Circuit Court of the United States for the Southern District of Illinois; the case being thus : The statute of Illinois regulating the action of ejectment abolishes all fictions. Its twenty-ninth section provides that “ every judgment in the action of ejectment rendered upon a verdict shall be conclusive as to the title established in such action, upon the party against whom the same is rendered, and against all persons claiming from, through, or under such party, by title accruing after the commencement of such action, subject to the exceptions hereinafter named,” exceptions not…

1Opinion of the CourtJustice Swayne

The question of error in the instructions given by the court is the hinge of the controversy between the parties. The statute of Illinois regulating the action of ejectment abolishes all fictions. The twenty-ninth section provides that “every judgment in the action of ejectment rendered upon a verdict shall be conclusive as to the title established in such action, upon the party against whom the same is rendered, and against all persons claiming from, through, or under such party, by title accruing after the cómmence ment of such action, subject to the exceptions hereinafter named.5’

It is not…

2Cited by22 opinions

  1. Permian Oil Co. v. SmithTexas Supreme Court · 1937
  2. Britton v. ThorntonSupreme Court of the United States · 1884
  3. Dawley v. . BrownNew York Court of Appeals · 1880
  4. Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
  5. Wisconsin v. TorinusSupreme Court of Minnesota · 1881

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