Morgan v. Camp
| Citation | 16 Ill. 175,1854 WL 4815,6 Peck 175 |
| Parties | THOMAS MORGAN and ANDREW J. MORGANv.GEORGE CAMP. |
| Decision Date | 31 December 1854 |
| Court | Supreme Court of Illinois |
16 Ill. 175
1854 WL 4815 (Ill.)
6 Peck (IL) 175
THOMAS MORGAN and ANDREW J. MORGAN
v.
GEORGE CAMP.
Supreme Court of Illinois.
December Term, 1854.
THIS cause was commenced in Scott county, and was removed by change of venue to Pike county. It was there heard before MINSHALL, Judge, at the October term, 1851.
M. MCCONNEL, for Plaintiffs in Error.D. A. SMITH, for Defendant in Error.
TREAT, C. J.
This was an action of ejectment, brought by Camp against Thomas Morgan and Andrew J. Morgan, to recover the possession of lots twenty-two and twenty-four, in the town of Winchester, Scott county. The plaintiff claimed title to the lots, by virtue of a sale of same for taxes, made on the 2nd of June, 1846, under a judgment of the Scott circuit court. He introduced certified copies of the report of the collector, the notice of the application for judgment, the judgment, the precept, and the sheriff's deed. The collector's report was thus described:
“Daniel Avery, sheriff and ex officio collector of taxes for Scott county, Illinois, for the year 1845, exhibited to the court and filed a list and description of real
[16 Ill. 176]
estate, situated in the county of Scott, charged with taxes for the year 1845, and upon which said taxes have not been paid, which list and description is recorded on the pages following, to wit:+--------------------------------------------------------+
¦OWNER. ¦LOTS IN WINCHESTER.¦ ¦ ¦ ¦ ¦
+-------------+-------------------+--+------+-----+------¦
¦ ¦O. T. ¦L.¦Value.¦Tax. ¦Costs.¦
+-------------+-------------------+--+------+-----+------¦
¦A. J. Morgan.¦Same. ¦22¦$100 ¦70 ¦$25 ¦
+-------------+-------------------+--+------+-----+------¦
¦Same. ¦Same. ¦24¦200 ¦$1 40¦25” ¦
+--------------------------------------------------------+
The collector gave notice in the advertisement, that he would sell the lands and lots described in the report, “for the amount of interest and costs due thereon.” This evidence was all received against the objections of the defendants. The jury found the issue in favor of the plaintiff, and the court refused to grant a new trial.
First. The statute prescribes the form of the collector's report. It is to commence thus: “List of lands and other real estate, situated in the county of____, on which taxes remain due and unpaid for the year herein set forth.” The statute also provides that the clerk, “upon the filing of such report and certificate of publication by the collector, shall receive and record the same in a book to be...
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