Newsom v. Luster
Illinois Supreme Court
This was an action of trespass quare clausum fregit, brought by the defendants in error against the plaintiff in error. The defendants pleaded, 1st, not guilty; 2d, statute of limitations; 3d, Liberum lenementum. Plaintiff replied by “ similiter ” to 1st, and traversing the 2d and 3d pleas.
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This was an action of trespass quare clausum fregit, brought by the defendants in error against the plaintiff in error. The defendants pleaded, 1st, not guilty; 2d, statute of limitations; 3d, Liberum lenementum. Plaintiff replied by “ similiter ” to 1st, and traversing the 2d and 3d pleas. On the trial, for the purpose of showing title, the plaintiffs offered to read in evidence a certified copy, from the records of deeds of Sangamon county, of a deed from John Huston, the patentee, to Vincent A. Bogue ; and grounded his motion for the admission of said deed upon the following affidavit:…
1Opinion of the CourtTrumbull, J.
The abstract, furnished by the plaintiff in error, contains a full and fair statement of the points involved in this case.
The propriety of admitting in evidence the certified copy of the deed from Huston to Bogue, involves a construction of § 25 of the chapter concerning conveyances, Rev. Stat. 108, which is as follows :
"Every deed, conveyance, or other writing, of, or concerning, any lands, tenements, or hereditaments, which, by virtue of this chapter, shall be required or entitled to be recorded as aforesaid, being acknowledged or proved according to the provisions of this chapter, whether…
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