Legal Opinion

Curtis v. Root

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 30 opinions

This was an action of ejectment. The venue was changed from Kane to Kendall Circuit Court. Declaration, plea and issue in usual form. At September term, 1854, a jury was waived, and the cause was tried by the court. Issue found for Curtis. Judgment for costs against Root. At September term, 1855, a new trial was granted to Root, under the statute.

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This was an action of ejectment. The venue was changed from Kane to Kendall Circuit Court. Declaration, plea and issue in usual form. At September term, 1854, a jury was waived, and the cause was tried by the court. Issue found for Curtis. Judgment for costs against Root. At September term, 1855, a new trial was granted to Root, under the statute. At April term, 1857, cause was tried by court and jury on following facts agreed, and some other evidence, to wit: agreed, in April term, 1845, that judgments were rendered in Kane Circuit Court against Ambrose, one'for $833.72 and costs, in favor…

1Opinion of the CourtCaton, C. J.

Without examining the evidence in detail, it is sufficient to say, that we do not feel called upon to reverse this judgment, for the reason that the jury were not warranted by the evidence to find the facts as they did by their verdict.

The principal questions arise upon the instructions. The instruction given for the plaintiff, and to which exception was taken, is this: “ If the jury believe, from the evidence, that the mortgage by Ambrose to Root was given to secure the payment of the purchase money paid for the farm in question, and that the giving of the deed to Ambrose and the mortgage to…

2Cited by30 opinions

  1. Austin v. UnderwoodIllinois Supreme Court · 1865
  2. Carey v. BoyleWisconsin Supreme Court · 1881
  3. Blatchford v. BoydenIllinois Supreme Court · 1887
  4. Moring v. . DickersonSupreme Court of North Carolina · 1881
  5. Shaver v. WilliamsIllinois Supreme Court · 1877

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