Legal Opinion

Phillips v. Coffee

Illinois Supreme Court

Decided December 15, 1855PublishedCited by 27 opinions

Declaration in ejectment by Appellee versus Appellants. Plea, not guilty. September term, 1855: tried before a jury on said issue. Verdict for appellee:—that he is owner in fee of S. E. 10 acres of N. E. S. W. 26, Town. 4 S., R. 3 W., in Pike county, Illinois, part of premises described in declaration; that appellants are guilty of unlawfully, &c. Motion for new trial made, on account of admission of improper testimony, and overruled.

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Declaration in ejectment by Appellee versus Appellants. Plea, not guilty. September term, 1855: tried before a jury on said issue. Verdict for appellee:—that he is owner in fee of S. E. 10 acres of N. E. S. W. 26, Town. 4 S., R. 3 W., in Pike county, Illinois, part of premises described in declaration; that appellants are guilty of unlawfully, &c. Motion for new trial made, on account of admission of improper testimony, and overruled. Bill of exceptions taken; appeal prayed for and perfected. Bill of exceptions shows, that Nathan Phillips, on the 29th January, 1833, entered at Ú. S. land…

1Opinion of the CourtScates, C. J.

The several deeds and other evidences of title were objected to, and those objections are presented for our revision, not as involving the power, but the regularity and sufficiency of the proof of the acts of the officers, bank, and assignees.

The judgment, execution, levy and sale, all appear to have been regular, and sufficiently, and strictly in pursuance of the law, (Rev. Stat. 1833, p. 372, Sec. 8,) and a deed made and acknowledged, (Sec. 14, p. 375;) and which deed so made is made evidence “ that the provisions of the law in relation to sales of lands upon execution were complied with…

2Cited by27 opinions

  1. Smith v. SmithIllinois Supreme Court · 1872
  2. Consolidated Coal Co. v. PeersIllinois Supreme Court · 1894
  3. Durham v. HeatonIllinois Supreme Court · 1862
  4. McDonald v. ChisholmIllinois Supreme Court · 1890
  5. New York Life Insurance v. RhodesCourt of Appeals of Georgia · 1908

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