Fetrow v. Merriwether
Illinois Supreme Court
Appeal from the Circuit Court of Macon county j the Hon. Arthur J. Gallagher, Judge, presiding. This was an action of ejectment, brought by Reuben H. Merriwether against John Fetrow, to recover a certain eighty acre tract of land. The plaintiff, on the trial, deduced title to the land from the general government to himself, and on his chain of title no question is raised. The defendant, to defeat a recovery, attempted to set up a paramount outstanding title.
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Appeal from the Circuit Court of Macon county j the Hon. Arthur J. Gallagher, Judge, presiding. This was an action of ejectment, brought by Reuben H. Merriwether against John Fetrow, to recover a certain eighty acre tract of land. The plaintiff, on the trial, deduced title to the land from the general government to himself, and on his chain of title no question is raised. The defendant, to defeat a recovery, attempted to set up a paramount outstanding title. He first introduced a mortgage on the land from E. M. Thorpe, through whom the plaintiff derived title, to J. Park, to secure the…
1Opinion of the CourtJustice Walker
This was an action of ejectment, brought in the court below by appellee, for the recovery of eighty acres of land from appellant. Appellee, on the trial below, deduced title to the land from the general government to himself, and on his chain of title no question is raised. Appellant, to defeat a recovery, attempted to set up a paramount outstanding title. He first introduced a mortgage on the land from E. M. Thorpe, through whom appellee derives title, to J. Park, for sixteen hundred dollars. This mortgage contained this condition: “If any of the following promissory notes prove to be…
2Cases cited1 opinion
- Hall v. LanceIllinois Supreme Court · 1861
3Cited by12 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Torrence v. SheddIllinois Supreme Court · 1884
- Johnson v. ZahnIllinois Supreme Court · 1942
- Euneau v. RiegerSupreme Court of Missouri · 1891
- Fastenau v. EngelSupreme Court of Colorado · 1952
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