Montag v. Linn
Illinois Supreme Court
This was an action of ejectment, brought by the appellee' against the appellant, to the March term, 1856, of the Adams Circuit Court, for the recovery of the south-east 25, 2 south, 8 west, in Adams county, Illinois. Declaration in the usual form, and plea of not guilty. At the October term, 1859, of said court, a trial was had before Sibley, Judge, and a jury. The jury found for plaintiff, and defendant entered a motion for new trial.
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This was an action of ejectment, brought by the appellee' against the appellant, to the March term, 1856, of the Adams Circuit Court, for the recovery of the south-east 25, 2 south, 8 west, in Adams county, Illinois. Declaration in the usual form, and plea of not guilty. At the October term, 1859, of said court, a trial was had before Sibley, Judge, and a jury. The jury found for plaintiff, and defendant entered a motion for new trial. The motion was overruled, and judgment entered in favor of plaintiff for the recovery of said premises and for costs, and a writ of possession awarded.…
1Opinion of the CourtBreese, J.
The errors assigned on this record, question the correctness of the decision of the Circuit Court, in permitting the deposition of John Silver to be read to the jury after the evidence was closed, and in giving the following instructions to the jury on the part of the plaintiff:
“ The court instruct the jury that the plaintiff, Linn, has proved title to the premises in question in fee simple, and is entitled to a verdict in his favor, unless they believe, from the evidence, that the deed from John Silver to Joseph B. Cofield, offered in evidence by the defendant, was the genuine act and deed…
2Cases cited2 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Loomis v. Jackson ex dem. M'NaughtonNew York Supreme Court · 1822
3Cited by3 opinions
- Jones v. McNarrinSupreme Judicial Court of Maine · 1878
- McAllister v. AveryAppellate Court of Illinois · 1885
- Whitten v. John Hancock Mutual Life InsuranceAppellate Court of Illinois · 1935