Dirst v. Morris
Supreme Court of the United States
Error to the Circuit Court for the Northern District of Illinois; the case being this: Russell being the owner of a large number of lots of land in different counties in Illinois, conveyed one in May, 1837, to Josiah Breese.
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Error to the Circuit Court for the Northern District of Illinois; the case being this: Russell being the owner of a large number of lots of land in different counties in Illinois, conveyed one in May, 1837, to Josiah Breese. This deed was not recorded until the year 1864. In December, 1837, Russell being a debtor to the United States mortgaged the same lot with all the several others that he owned to the then Solicitor of the Treasury, to secure this debt, and the mortgage was promptly put on' record. There was no evidence that the existence of the deed to Breese was known to the agents of…
1Opinion of the CourtJustice Bradley
delivered tine opinion of the court.
We think that there was no error in admitting in evidence the record of the foreclosure suit, whether Breese was served with the subpoena of not. If he was not served, and could show that fact, he was not .bound by the decree. But the decree and sale formed a link in the plaintiff’s chain of title, from Russell, and at this stage of the cause the deed from Russell to Breese had pot been given in evidence. So far a¡s yét appeared, the evidence was not only admissible, but effective to transfer the title. But it was admissible in any view, for it tended to…
2Cited by1 opinion
- Dirst v. MorrisSupreme Court of the United States · 1872