Lawrence v. Fast

• Citation: 20 Ill. 338,1858 WL 6088,10 Peck 338,71 Am.Dec. 274
• Parties: HENRY C. LAWRENCE, Appellant,v.JOHN J. FAST, Appellee.
• Decision Date: 30 April 1858
• Court: Illinois Supreme Court

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...