Gillespie v. Smith
Illinois Supreme Court
This was an action of ejectment in the Morgan Circuit Court, to recover certain lands described in three declarations filed against said Gillespie and two of his tenants. By consent of the parties the three cases were consolidated, and thereafter the case progressed as one case against Gillespie. Possession of the defendant was admitted, and the plea of not guilty, filed.
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This was an action of ejectment in the Morgan Circuit Court, to recover certain lands described in three declarations filed against said Gillespie and two of his tenants. By consent of the parties the three cases were consolidated, and thereafter the case progressed as one case against Gillespie. Possession of the defendant was admitted, and the plea of not guilty, filed. The testimony on the part of the plaintiffs, consists of a deed of trust from Gillespie, to William A. Gregory and Henry Whitmore, of St. Louis, to secure two notes due from Gillespie to Rhodes, Pegram & Co., of about…
1Opinion of the CourtBreese, J.
The appellant assigns for error on this record, that the court erred in admitting as evidence each of the deeds and papers offered by the plaintiffs and objected to by the defendants; in overruling the defendant’s motion for a new trial, and refusing to set aside the verdict; in rendering a judgment in the cause, in manner and form as shown in the record; and, further, in permitting the plaintiffs to call a jury, and proceeding to try the cause, when the defendant’s plea of not guilty was not denied and issue joined.
It appears from the record, that three actions of ejectment were brought in…
2Cases cited2 opinions
- Stumps v. KelleyIllinois Supreme Court · 1859
- Swift v. WhitneyIllinois Supreme Court · 1858
3Cited by17 opinions
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- Kellogg v. CarricoSupreme Court of Missouri · 1870
- Kenley v. BryanIllinois Supreme Court · 1884
- Hagen Paper Co. v. East St. Louis Publishing Co.Illinois Supreme Court · 1915
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