Peoria County IL Archives Court.....Ballance, V Curtenius 1850
************************************************
Copyright.  All rights reserved.
http://www.usgwarch.org/copyright.htm
http://www.usgwarch.org/il/ilfiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 25, 2008, 3:44 pm

Source: Records Of Cases Illinois
Written: 1850

Charles Ballance, plaintiff in error, v. Alfred G. Curtenius et al. defendants 
in error.

Error to Peoria.

The ruling of the court in the case of Spellman v. Curtenius, ante, 400, 
reaffirmed.

This cause was heard before Kellogg, Judge, and a jury, at May term, 1851, of 
the Peoria Circuit Court, verdict and judgment for the defendants in the court 
below.

Plaintiff below brings the cause to this court.

C. Ballance, pro se.

E. N. Powell, for defendants in error.

Trumbull, J. The plaintiff sued the defendants in ejectment, to recover one 
acre of land off of the east side of the southwest and southeast fractional 
quarters of section nine, in township eight, north of range eight east, 
situated in the county of Peoria, and state of Illinois.

Plea, not guilty. Jury trial and verdict for the defendants.

The plaintiff, to support the issue on his part, proved the defendants in 
possession of part of the premises sued for at the commencement of the action, 
and offered in evidence the same tax title which has already been passed upon 
in the case of Spellman v. Curtenius, ante, 409.

The court excluded the tax deed from the consideration of the jury, and in so 
doing committed an error, as has been already decided in the case alluded to. 
No objections were made to the tax title in this case, which were not urged in 
that, and reference is made to the opinion in that case, for the reasons of 
our decision in this.

Judgment reversed, and cause remanded.

Judgment reversed.

Additional Comments:
Reports of Cases Determined in the Supreme Court of the State of Illinois from 
November Term, 1850, to June Term, 1851, both inclusive by E. Peck, Counsellor 
at Law. Volume XII. Reprinted from the Original Edition, with Annotations by 
William Gordon McMillan of the Chicago Bar. Callaghan & Company, Chicago, Ill. 
1881.

File at: http://files.usgwarchives.net/il/peoria/court/ballance165gwl.txt

This file has been created by a form at http://www.genrecords.org/ilfiles/

File size: 2.5 Kb