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23 Ill. 328

Moore v. Cunningham

Illinois Supreme Court

Decided January 15, 1860

Illinois Supreme Court · decided 1860-01-15

This was an agreed case from Marion county, tried in the Second Grand Division by consent of parties. At the March term, 1859, of the Marion Circuit Court, this cause was submitted to the court, without the intervention of a jury, and without having been tried before the sheriff, upon an agreed state of facts, as follows : This was an execution levied upon a lot of brick piled up in court house square, and supposed to contain 100,000, more or less.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-01-15

How this case has been cited

Cited by 6 later decisions — most recently December 1997

6 state decisions

4018601870188018901900191019201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Caton, C. J.

¶1The brick in question were laid up into the the walls of the building, under the contract with the county to construct the house. As fast as the brick were laid into the wall, they became a part of the freehold, and the title to the brick vested in the county. The county could safely pay the contractor for the brick so fast as they were laid in the walls of the building, without any apprehension that they could be seized upon by the creditors of the contractor. Had brick been taken down by Miller himself, because of defective work, and in good faith with the view of replacing them properly or with better brick, it may be that the title would have revested in Miller. But when they' were taken down by subsequent contractors, under the directions of the county, they no more became Miller’s brick again, than if they had stood there for twenty years, or had been put there by some other person.

¶2The judgment of the Circuit Court must be reversed, and the cause remanded.

¶3Judgment reversed.

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