Lawrence v. Fast

CourtIllinois Supreme Court
Writing for the CourtCATON
Citation20 Ill. 338,1858 WL 6088,10 Peck 338,71 Am.Dec. 274
Decision Date30 April 1858
PartiesHENRY C. LAWRENCE, Appellant,v.JOHN J. FAST, Appellee.

20 Ill. 338
1858 WL 6088 (Ill.)
71 Am.Dec.
274
10 Peck (IL) 338

HENRY C. LAWRENCE, Appellant,
v.
JOHN J. FAST, Appellee.

Supreme Court of Illinois.

April Term, 1858.


Appeal from Warren.

1. A judgment for taxes is fatally defective, if it does not show the amount of tax for which it was rendered. The use of numerals, without some mark indicating for what they stand, is insufficient.

2. The separate record book of judgments for taxes, should be so kept, as without reference to the general record, it could furnish a full exemplification of a judgment.

THIS was an action of ejectment, brought by the appellant against the appellee, to recover the N. E. 36, 8 N., 1 W., in the circuit court of Warren county.

The cause was tried by a jury before THOMPSON,

[20 Ill. 339]

Judge, at September term, 1857; a verdict was rendered for the defendant; a motion was made by the plaintiff for a new trial, which was overruled by the court, and judgment rendered against the plaintiff for costs. The plaintiff appealed to this court.

On the trial, the plaintiff read in evidence an exemplification of a record of a judgment against delinquent lands for taxes of 1851, rendered at the June term, 1852, by the county court of Warren county, among which was the tract of land described in the plaintiff's declaration. This exemplification shows the usual convening order, on the 7th day of June, 1852, and a judgment in the form required by the statute of 1849, rendered on the 8th day of the same month.

The plaintiff then read a precept to the jury, and proved that the sheriff and ex officio collector received the same from the clerk, and sold the lands on the 15th day of June, 1852, by virtue thereof.

The plaintiff then read in evidence an affidavit of Seth C. Sherman, with the notice required by the constitution, from purchasers at tax sales, and proved that the affidavit and notice was filed in the office of the county clerk of Warren county, and by him recorded in a book kept by him for that purpose, on the 18th day of April, 1855.

The plaintiff then read in evidence a deed from the sheriff to Seth C. Sherman, the purchaser at the tax sale.

The plaintiff then read in evidence deeds connecting himself with Seth C. Sherman, and proved that the defendant was in the possession of the premises at the time of the commencement of the suit.

The witness further stated that he sold the land to defendant, and defendant claimed to own the same, in good faith, by virtue of the sale from the witness.

The defendant produced Ephraim S. Sevinney, as a witness, who testified that he was county clerk, and he produced a book containing a record of the sales for taxes in Warren county, and proved that the premises had not been sold since the year 1852.

The witness also produced another book which he testified was the general record of the proceedings of the county court of Warren county, for county business. And also, another book, which he testified was the record of judgments against delinquent lands in the county court.

The witness further testified, that he prepared and certified the exemplification read in evidence by the plaintiff, and that in making the same, he copied the convening order

[20 Ill. 340]

from the book containing the general records, and the rest of the exemplification from the book containing the judgments against delinquent lands.

To the evidence of this witness the plaintiff objected, but the court overruled the objection.

The defendant then offered in evidence the two books last named, to the introduction of which the plaintiff excepted, but the court overruled the objection.

These books proved that the exemplification was a true copy from the two books, except that...

To continue reading

Request your trial
27 practice notes
  • Elsey v. Falconer
    • United States
    • Supreme Court of Arkansas
    • July 1, 1892
    ...for taxes have been attacked collaterally and held void in the following cases: 6 Wheat. 119; 3 Sneed, 344; 5 Hayw. 294; 5 Wheat. 116; 20 Ill. 338; 30 Ill. 119; 12 Ill. 409; 32 Cal. 477; 13 Ill. 251; 31 Cal. 135; 39 Ill. 108; 15 Ill. 279; 5 Ia. 284; 23 Ill. 521; 6 Ia. 331; 1 Wall. 398; 6 Ia......
  • Reid v. Southern Development Co.
    • United States
    • United States State Supreme Court of Florida
    • October 16, 1906
    ...566. See, also, Stockle v. Silsbee, 41 Mich. 615, 2 N.W. 900. We have carefully examined the cases of Lawrence v. Fast, 20 Ill. 339, 71 Am. Dec. 274, and Hurlbutt v. Butenop, 27 Cal. 50, cited by counsel for appellant. In California, Illinois, and Tennessee it has been held that defects of ......
  • People v. Steele
    • United States
    • United States Appellate Court of Illinois
    • July 31, 1880
    ...must be for a definite sum, expressed in dollars and cents: Freeman on Judgments, § 47; Lane v. Bommelman, 21 Ill. 143; Lawrence v. Fast, 20 Ill. 338; P. Ft. W. & C. R. R. Co. v. Chicago, 53 Ill. 80. The judgment must not exceed the amount claimed in the ad damnum: Fourneir v. Faggott, 3 Sc......
  • Territory of Arizona v. Delinquent Tax-List of county of Mojave for year 1887, Civil 250
    • United States
    • Supreme Court of Arizona
    • June 3, 1889
    ...it was void. Olcott v. State, 5 Gilm. 481; Meyer v. Pfeiffer, 50 Ill. 485. Also if not certain in dollars and cents. Lawrence v. Fast, 20 Ill. 338, 71 Am. Dec. 274; Gibson v. Chicago, 22 Ill. 566. If part was illegal, whole was void. McLaughlin v. Thompson, 55 Ill. 249; Foss v. Chicago, 56 ......
  • Request a trial to view additional results
27 cases
  • Elsey v. Falconer
    • United States
    • Supreme Court of Arkansas
    • July 1, 1892
    ...for taxes have been attacked collaterally and held void in the following cases: 6 Wheat. 119; 3 Sneed, 344; 5 Hayw. 294; 5 Wheat. 116; 20 Ill. 338; 30 Ill. 119; 12 Ill. 409; 32 Cal. 477; 13 Ill. 251; 31 Cal. 135; 39 Ill. 108; 15 Ill. 279; 5 Ia. 284; 23 Ill. 521; 6 Ia. 331; 1 Wall. 398; 6 Ia......
  • Reid v. Southern Development Co.
    • United States
    • United States State Supreme Court of Florida
    • October 16, 1906
    ...566. See, also, Stockle v. Silsbee, 41 Mich. 615, 2 N.W. 900. We have carefully examined the cases of Lawrence v. Fast, 20 Ill. 339, 71 Am. Dec. 274, and Hurlbutt v. Butenop, 27 Cal. 50, cited by counsel for appellant. In California, Illinois, and Tennessee it has been held that defects of ......
  • People v. Steele
    • United States
    • United States Appellate Court of Illinois
    • July 31, 1880
    ...must be for a definite sum, expressed in dollars and cents: Freeman on Judgments, § 47; Lane v. Bommelman, 21 Ill. 143; Lawrence v. Fast, 20 Ill. 338; P. Ft. W. & C. R. R. Co. v. Chicago, 53 Ill. 80. The judgment must not exceed the amount claimed in the ad damnum: Fourneir v. Faggott, ......
  • Territory of Arizona v. Delinquent Tax-List of county of Mojave for year 1887, Civil 250
    • United States
    • Supreme Court of Arizona
    • June 3, 1889
    ...it was void. Olcott v. State, 5 Gilm. 481; Meyer v. Pfeiffer, 50 Ill. 485. Also if not certain in dollars and cents. Lawrence v. Fast, 20 Ill. 338, 71 Am. Dec. 274; Gibson v. Chicago, 22 Ill. 566. If part was illegal, whole was void. McLaughlin v. Thompson, 55 Ill. 249; Foss v. Chicago, 56 ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT