On the 8th day of October, 1860, William A. Patterson filed his declaration in ejectment against Jacob Kreig in the usual form, to recover possession of the north half of the south-east quarter of Section 16, in Township 5 north, Range 6 west, in Hancock county, Illinois, which said declaration was duly served on defendant on the 24th day of September, 1860.

Plea, not guilty.

On the 12th day of March, 1861, issue being joined and jury waived by the parties, the cause was submitted to the court, Sibley, Judge, for trial; upon which trial, the court found the issues for the defendant, and gave judgment for costs against the plaintiff, and ordered that a bill of exceptions be signed and filed by the first day of the next term of said court.

The plaintiff prayed an appeal, which was allowed on his entering into bond.

On the trial of the cause, the defendant, Kreig, admitted that he was in possession of the premises at the time of the service of the declaration, and of trial of the cause, and admitted the execution of the note accompanying the mortgage for $1,037.80. Plaintiff read in evidence a mortgage from the defendant, Jacob Kreig, and Jane Kreig, his wife, to plaintiff and one Jacob Sholl, dated February the 25th, 1859, for the premises, to secure the payment of the above named note for $1,037.80, by which said mortgage the said Jacob and Jane Kreig bargained, sold and conveyed the premises in question to said plaintiff and said Jacob Sholl, with all the appurtenances thereunto belonging or in anywise appertaining, with a general warranty of title. Which said mortgage deed was, upon condition that if said Jacob Kreig and Jane Kreig paid to said plaintiff and said Sholl, the full amount of said note of $1,037.80, on or before the 1st day of September, 1859, said mortgage deed should become void, and the estate thereby granted, to cease—otherwise, to be and remain in full force and effect; which said mortgage was duly signed and acknowledged by said Jacob Kreig and Jane Kreig.

Plaintiff read in evidence the note accompanying said mortgage for $1,037.80, and a deed from Jacob Sholl and William A. Patterson for the premises in question, dated the 24th day of September, 1860, and proved by B. F. Peterson, a witness sworn in the case, that the deed was executed by Jacob Sholl before the declaration in this case was served on the defendant.

The plaintiff admitted that said defendant, Jacob Kreig, at the time of the execution of the mortgage, was the owner of the premises in question and a householder and the head of a family, consisting of a wife and children, and living upon and occupying said premises as a homestead, and still was and had continued to be the owner of said premises (subject only to said mortgage deed), and to reside upon and occupy said premises with his family as his homestead; which was all the evidence offered in the case.

…

Citation profile

How this case has been treated — in progress