Smith v. Race
Illinois Supreme Court
This was an action of ejectment by plaintiffs in error, against defendant in error; plaintiffs claiming the south-west quarter of the south-west quarter of Section 35, Town 17 north, Range 2 east of the third principal meridian, in Macon county, in fee simple. Plea of general issue filed. Trial by court, at July term, 1861, Emeesoií, Judge, presiding. Judgment for defendant for costs on thirteenth day of said term.
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This was an action of ejectment by plaintiffs in error, against defendant in error; plaintiffs claiming the south-west quarter of the south-west quarter of Section 35, Town 17 north, Range 2 east of the third principal meridian, in Macon county, in fee simple. Plea of general issue filed. Trial by court, at July term, 1861, Emeesoií, Judge, presiding. Judgment for defendant for costs on thirteenth day of said term. Motion by plaintiffs to reinstate case upon docket, allowed by court upon payment of costs. Cause reinstated, with leave to amend declaration. Amended with additional count by…
1Opinion of the Court
Walker, J.*
Was the decree under which defendant derives his title void ? If so, then his title must fail, as the guardian’s deed to defendant’s ancestor passed no title, to the premises in controversy. The only defect urged, as apparent on the face of that deed is, that the cause was not entitled as against the heirs of French, in their several names. In other words, the heirs were not made defendants to the petition of the guardian, for license to sell this real estate. It contains no prayer that they be made defendants, or that process may issue against them.
Our "statute does not, in this…
2Cases cited1 opinion
- In re SturmsIllinois Supreme Court · 1861
3Cited by2 opinions
- Field v. PeeplesIllinois Supreme Court · 1899
- Orman v. BowlesSupreme Court of Colorado · 1893