Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1846-04-16

by sheriff Taylor - and tina. the whole
returns of the sheriff Taylsr on the exc
cn'ons were false and fraudulent.
The counsel for plf. objected to the
introduction Of any such evidence; which
objection the Cour. sustained and ruled
that such evidence was inadmissibe. TO
which opinion and decision def. excep,
ed.
No further evidence of importance 10
the questions raised in the Supreme Court
was offered by either party aud here both
rested and submitted the case to the Jury
after argument.
Whereupon the counsel for def, asked
the Court TO instruct the jury as follows:
l. That unless 1t was proved to the
satisfaction Of the jury that there was
some person or persons within the Terri
tory of Iowa. a. the time of the issuing of
the process, or who appeared at The trial,
or at some stage Of the proceedings. that
were within hejurisdiction Of the District
Court of Lee county, during the pcnden
cy of the suits of Johnston and Brigham
upon which this title accrued-thai owned
or had an interest in those lands, tina.
they must find for the defendant.
2. That unless they find from lhe evil
dence that there were owners and persons
or corporations. other ihGn the Govern.
ment, who were owners or had an interest
in said lands at the commencement of
these suits by Johnston and Brigham, .ha,
they must find Cor the defendant.
3. Tha, unless the Jury find thai
some one or more Of the owners of the
Half Breed Tract Of land were citizens
Of the Territory Of Iowa al the time of
the passage of the Ac, Of the Iowa Legis
lalure, approved Jan. rs. 1889. or be.
tween that time and the execution of the
deed by sheriff to the plain,iff-that they
must find for the defendant.
4. That unless i, has been proved to
the Jury that the defendants, sued by
Johnston and Brigham, and upon whose
judgments the pff. claims his title were
a corporation by virtue Of law. and acting
as such are liable as such -or a partner
ship firm by thu, name. or some kind Of
an association who had assumed the name
Of Owners Of the Half Breed lands in Lee
county. tina, the plff. cannn, recover.
5. That if il is not proven to the Jury
tina, the judgments of Johnston and Brig
ham we're rendered against some person
or persons body corporate or association
Of individuals whose existence has been
praved 10 exis, a, the commencement OF
the suits or at the rendition Of the iudg.
menls, that thew must find for deft
6. That a judgnen. against dead
person or a person who has no existence
whatever. is no judgment a, all in con
temptation of law, and sale under such a
judgmen: is void.
Which several instructions so prayet
for TO be given to the jury, the Cour
refused to give and the def. excepted
thereto.
Verdict and Judgment for Plaintiff
Reid.
Wherenpon Defendant. Webster, tool
the cause by Wrl, of Error to the Supreme
Cnur, Of Iowa.
On trial in the Supreme Court-ths
Plf. in Error, Joseph Webster. by hi
counsel, assigned Tor error the severa
rulings and decisions Of The District Cour
which are hereinbefore noted as Except
ed to-"
The case was argued bv Daniel f
Miller and j. G. Hall Esqrs.. for tn,
pltf. in Error AMI by Henry w. Starr AM
Gyms Walker, Esqrs for the def. il
Error.
The Court unanimously affirmed tn
Judgment OF the District Court. and
BY Mason, Chief Justice, delivered ,h
following