Lockwood v. Mills
Illinois Supreme Court
Appeal from the Circuit Court of Marshall county; Hon. Samuel L. Richmond, Judge, presiding. This was an action of ejectment brought by Elisha L. Mills, Cephas Mills, Cyrus M. Mills, Mary Turner (late Mary Mills), Allen Turner (her husband), and Hannah Mills, against the tenants of the appellant, and which he was let in to defend, to the June Term, 1863, of the Marshall County Circuit Court, for the H. W. J of sec. 36, T. 30 H. R., 1 W., 35 P. M. In answer to a rule,…
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Appeal from the Circuit Court of Marshall county; Hon. Samuel L. Richmond, Judge, presiding. This was an action of ejectment brought by Elisha L. Mills, Cephas Mills, Cyrus M. Mills, Mary Turner (late Mary Mills), Allen Turner (her husband), and Hannah Mills, against the tenants of the appellant, and which he was let in to defend, to the June Term, 1863, of the Marshall County Circuit Court, for the H. W. J of sec. 36, T. 30 H. R., 1 W., 35 P. M. In answer to a rule, obtained at Chambers upon the attorney for the plaintiffs to produce the authority under which hq. acted in bringing the suit,…
1Opinion of the CourtChief Justice Walker
In answer to the rule upon the attorney to produce the authority under which he acted in bringing the suit, he exhibited to the court a power of attorney. It purported to be signed by all of the appellees but Allen Turner, and authorized the commencement of the action. There seems to be five owners of the land, all of whom joined in the execution of the power, but Mary .Turner was not joined by her husband. When, however, we find four out of five of the owners formally acting, and the other consenting, although irregularly, we think the authority was sufficiently shown.
It is insisted that the…
2Cases cited1 opinion
- Jackson ex dem. Colden v. WalshNew York Supreme Court · 1817
3Cited by6 opinions
- Dawson v. HaydenIllinois Supreme Court · 1873
- Mills v. LockwoodIllinois Supreme Court · 1866
- C. H. Albers Commission Co. v. SesselIllinois Supreme Court · 1901
- Powell v. PowellIllinois Supreme Court · 1885
- Rankin v. KinseyAppellate Court of Illinois · 1880
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