Johnson v. Shinkle

Decided January 15, 1869

Illinois Supreme Court · decided 1869-01-15

Edwabd Y. Rice, Judge, presiding. This was an action of ejectment commenced in the Circuit Court of Madison county, and the cause was taken hy change of venue to the Circuit Court of Montgomery county, where a trial was had before the court, a jury having been waived.

Cited by 2 later decisions — most recently February 1950

1 federal appellate · 1 state decisions

Relies on Mills v. Graves

Good law ✅— No negative treatment on recordhow we know

Decided 1869-01-15

View the full empirical analysis of this case →

Mr. Justice Lawrence

¶1delivered the opinion of the Court:

¶2The question presented by this record was decided at the April term, 1867, in Mills v. Graves, 44 Ill. 50. "We there held that a conveyance by the plaintiff in an action of ejectment, pending the suit, would not defeat his right of recovery, which would enure to the benefit of his grantee.

¶3The circuit court should have rendered a judgment for the recovery of the possession, and that the plaintiff have his writ of habere facias possessionem.

¶4The judgment is reversed and the cause remanded.

¶5Judgment reversed.