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53 Ill. 120

Seely v. Wells

Illinois Supreme Court

Decided January 15, 1870

Illinois Supreme Court · decided 1870-01-15

Writ op error to the Circuit Court of Greene county; the Hon. Charles D. Hodges, Judge, presiding. This was an action of ejectment, brought by Anthony S. Seely and Hiram Parr, against Samuel Wells, to obtain possession of a certain' tract of land in Greene county.

Relies on Lane v. Bommelmann

Good law ✅— No negative treatment on recordhow we know

Decided 1870-01-15

How this case has been cited

Cited by 4 later decisions — most recently December 1908

1 federal appellate · 3 state decisions

201870188018901900decided

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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Mr. Chief Justice Breese

¶1delivered the opinion of the Court:

¶2The question submitted by stipulation of the parties in this case, must be decided in favor of the defendant in error.

¶3The official certificate of the register of any land office of the United States, to any fact or matter on record in his office, is made evidence in any court in this State, and is made competent to prove the fact so certified. Seates’ Comp. 255.

¶4The exemplification of the books and records of the general land office, certified under the seal of the office, is evidence in our courts, on the general principles of evidence. 1 Starkie’s Ev. 230; 1 Greenleaf’s Ev. sec. 483 and onward. Lane v. Bommelmann, 17 Ill. 95.

¶5These seem to show that just forty years prior to the entry of Davis of this land at the land office, it had been selected by the proper authority of Greene county, in which it is located, for school purposes, and the selection approved by the general land office.

¶6There is, therefore, no shadow of title in plaintiffs. The judgment of the circuit court is affirmed.

¶7Judgment affirmed.

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