Scarritt v. Chapman

Decided December 15, 1849

Illinois Supreme Court · decided 1849-12-15

This was an action of debt, brought by defendant in error under the statute to recover penalties for cutting trees. The defendant below admitted the cutting and carrying away of the trees at the time and place mentioned in the declaration, and the only question contested was, whether the plaintiff below had a good title in fee simple to the land on which the timber was cut.

Decided 1849-12-15

Opinion by Treat, C. J.:

¶1The only question in this case is whether the precept, under which the sheriff makes sale of lands for the non-payment of taxes, must run in the name of the people of the state of Illinois. The precise question was before the Court in the case of Curry vs. Hinman, ante, 420; and it was there held that the precept is not process, within the meaning of the constitution, and need not, therefore, run in the name of the people. The Circuit Court having so decided, its judgment will be affirmed, with costs.

¶2Judgment affirmed»