Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois, Volume 11 |
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Page 28
Illinois. Supreme Court. Burgwin et al . vs. Babcock et al . 11 28 21a 647. J. BURGWIN et al . , plaintiffs in error , vs. E. BABCOCK et al . , de- 11 28 127 339 11 28 37a 307 11 28 156 114 11 28 58a 49 11 28 175 219 ! 11 28 94a 4252 ...
Illinois. Supreme Court. Burgwin et al . vs. Babcock et al . 11 28 21a 647. J. BURGWIN et al . , plaintiffs in error , vs. E. BABCOCK et al . , de- 11 28 127 339 11 28 37a 307 11 28 156 114 11 28 58a 49 11 28 175 219 ! 11 28 94a 4252 ...
Page 29
Illinois. Supreme Court. Burgwin et al , vs. Babcock et al . Opinion by TREAT , C. J .: This was an action brought by Babcock and others against Burgwin and Smithpeter . The declaration was in debt , on a promissory note . The defendants ...
Illinois. Supreme Court. Burgwin et al , vs. Babcock et al . Opinion by TREAT , C. J .: This was an action brought by Babcock and others against Burgwin and Smithpeter . The declaration was in debt , on a promissory note . The defendants ...
Page 95
Illinois. Supreme Court. Beel vs. Pierce et al . der the complaint , entitled to a restitution of the whole of said land , he certainly would be entitled to a restitution of the ... et al . Objections to the plaint DECEMBER TERM , 1849 . 95.
Illinois. Supreme Court. Beel vs. Pierce et al . der the complaint , entitled to a restitution of the whole of said land , he certainly would be entitled to a restitution of the ... et al . Objections to the plaint DECEMBER TERM , 1849 . 95.
Page 105
Illinois. Supreme Court. Clarke et al . vs. Lott et al . JOHN L. CLARKE , JAMES HUTCHINSON , SARAH F. CLARKE , MARY T. SOMMERVILLE , HENRY J. KUNTZ , and the unknown heirs of JOHN VYVIAN SOMMERVILLE , appellants , vs. PETER LOTT and ...
Illinois. Supreme Court. Clarke et al . vs. Lott et al . JOHN L. CLARKE , JAMES HUTCHINSON , SARAH F. CLARKE , MARY T. SOMMERVILLE , HENRY J. KUNTZ , and the unknown heirs of JOHN VYVIAN SOMMERVILLE , appellants , vs. PETER LOTT and ...
Page 106
Illinois. Supreme Court. Clarke et al . vs. Lott et al . tered into an agreement between himself , herself , and the com- plainants , whereby said Fitzroy and Mary agreed , in considera- tion of the premises , to assign and transfer unto ...
Illinois. Supreme Court. Clarke et al . vs. Lott et al . tered into an agreement between himself , herself , and the com- plainants , whereby said Fitzroy and Mary agreed , in considera- tion of the premises , to assign and transfer unto ...
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Common terms and phrases
action administrator admitted affirmed agreed agreement alleged allowed amount answer appeal appellee applied assignment attachment authority avers bill bond brought cause charge Circuit Court claim complainant consideration contract conveyance conveyed costs creditors debt decision decree deed defendant defendant in error dollars effect entered entitled error et al evidence exceptions execution fact filed further give given granted held hundred interest issued John Johnson Jones Judge judgment jury justice land matter ment mortgage motion necessary notice objection obtained offered Opinion original owner paid parties payment person plaintiff plaintiff in error plea possession premises present principal proceedings proof proved provides purchase question reason received record recover referred rendered reversed rule sold statute sufficient suit sustained taken term tion township trial unless witness
Popular passages
Page 173 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 336 - For if Congress have a constitutional power to regulate a particular subject, and they do actually regulate it in a given manner, and in a certain form, it cannot be that the state legislatures have a right to interfere; and, as it were, by way of complement to the legislation of Congress, to prescribe additional regulations, and what they may deem auxiliary provisions for the same purpose.
Page 164 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 323 - All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record.
Page 292 - MARCY, delivering the opinion of the court, said: '-The general rule is, that where a statute specifies the time within which a public officer is to perform an official act regarding the rights and duties of others, it will be considered as directory...
Page 133 - And it is a general rule, that whensoever the words of a deed, or of the parties without deed, may have a double intendment, and the one standeth with law and right, and the other is wrongful and against law, the intendment that standeth with law shall be taken.
Page 336 - If Congress have a constitutional power to regulate a particular subject, and they do actually regulate it in a given manner and in a certain form, it cannot be that the state Legislatures have a right to interfere, and as it were, by way of complement to the legislation of Congress, to prescribe additional regulations and what they may deem auxiliary provisions for the same purpose. In such a case, the legislation of Congress, in what it does prescribe, manifestly indicates that it does not intend...
Page 408 - Every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, and who shall for seven successive years continue in such possession, and shall also, during said time, pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title.
Page 173 - After bestowing on this subject the most attentive consideration, the court can perceive no reason founded on the character of the parties for introducing an exception which the constitution has not made; and we think that the judicial power, as originally given, extends to all cases arising under the constitution or a law of the United States, whoever may be the parties.
Page 215 - that, where administrations are granted to different persons in different States, they are so far deemed independent of each other that a judgment obtained against one will furnish no right of action against the other, to affect assets received by the latter in virtue of his own administration ; for in contemplation of law there is no privity between him and the other administrator.