Thornton v. Boyden
Illinois Supreme Court
Appeal from the Circuit Court of Mercer county; the Hon. AalíON Tylek, Judge, presiding. This was an action of ejectment, instituted in the Circuit Court by Wyatt Boyden against Hiram W. Thornton, to recover the possession of the east half of the south-east quarter of Section three, in Township fourteen north, of range four west, situate in said county of Mercer, containing eighty acres, in which the plaintiff claimed a fee simple title.
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Appeal from the Circuit Court of Mercer county; the Hon. AalíON Tylek, Judge, presiding. This was an action of ejectment, instituted in the Circuit Court by Wyatt Boyden against Hiram W. Thornton, to recover the possession of the east half of the south-east quarter of Section three, in Township fourteen north, of range four west, situate in said county of Mercer, containing eighty acres, in which the plaintiff claimed a fee simple title. The plea of not guilty was filed, and, by agreement, the issue was tried by the court, without the intervention of a jury. The plain tiff derived title…
1Opinion of the Court
Mr. Justioe Bkeese
delivered the opinion of the Oourt.
This was an action of ejectment commenced in the Mercer Circuit- Court and brought here by appeal. The issue was tried by the court without a jury, and a verdict for the plaintiff, the appellee here.
Two questions are raised on the record, first, .as to the sufficiency of the notice of the sale.'
The terms of the deed of trust under which the sale was made, are substantially as follows : that on failure to pay the sum specified in the note, ten days after maturity, then the trustee shall proceed to sell at public auction, at the front door of…
2Cases cited4 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Stevenson v. MaronyIllinois Supreme Court · 1863
- Mathews v. HamiltonIllinois Supreme Court · 1860
3Cited by14 opinions
- Flower v. ElwoodIllinois Supreme Court · 1872
- Griffin v. Marine Co.Illinois Supreme Court · 1869
- Wolff v. WardSupreme Court of Missouri · 1891
- Kilmer v. GarlickIllinois Supreme Court · 1900
- Taylor v. HopkinsIllinois Supreme Court · 1866
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