Legal Opinion

Cox v. Reed

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 2 opinions

This case was heard in the Second Grand Division by agreement of parties. This was an action (begun in Richland, and the venue changed to Wabash,) for breach of covenant of warranty in the deed of Joseph H. Reed, (the ancestors of defendants), dated September 1; 1838, to S. and J. Abernathy, for in lot No. 43, in Mansfield, Ohio.

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This case was heard in the Second Grand Division by agreement of parties. This was an action (begun in Richland, and the venue changed to Wabash,) for breach of covenant of warranty in the deed of Joseph H. Reed, (the ancestors of defendants), dated September 1; 1838, to S. and J. Abernathy, for in lot No. 43, in Mansfield, Ohio. The lot was afterwards sold and conveyed by F. Wharf, sheriff of Richland county, Ohio, in 1850, to James Weldon, under a judgment and execution of the Farmers’ Bank of Mansfield, against S. and J. Abernathy and others, in the Court of Common Pleas of said county. *…

1Opinion of the CourtCaton, C. J.

We shall confine ourselves to the disposition of the points raised in the printed argument of the counsel for the defendants.

The first is, to the authentication of the judgment in Ohio, upon which the premises were sold and the sheriff’s deed made. The answer made to this, we think, is conclusive. This is an action of covenant, in which, strictly, there is no general issue, putting the plaintiff upon proof of his whole case, but each fact, which of itself would defeat the plaintiff’s action, must be specially pleaded. Here were three pleas of non est factum, putting in issue three of the…

2Cases cited1 opinion

  1. Ralston v. WoodIllinois Supreme Court · 1853

3Cited by2 opinions

  1. Wilkinson v. StewartIllinois Supreme Court · 1862
  2. Brahm v. DietschAppellate Court of Illinois · 1884

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