The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1850-07-20
Supreme Court.
Cases decided un TO Yesterday.

Judgement should be for the penalty Of the bond
as tue debt, to be discharged On the payment OF
the damages found by the Jury-Judgement re-
yersed and cause acknowledgement by Treat,
IC.J.
Haiiock for the use dc vs. IatsraGH-Error
to Kane--L G. Wilson for plf Glover & Cook
for def. Where sui, is brought, and process
issued to another county, the declaration need not
aver tina, the defendant resides in the county to
which the process was sent Judgment reversed
and cause remanded. Opinion by Cation, J.
Root Vs. Weed ct ais Error to HGns-Wllson
& Wilcox for plf R. S. Blackwell for deft-
Judgment was obtained by Weed and others a
gainst one Ambrose, an execution issued thereon
and levied on personal property sufficient To sat
sty the judgment The property was returned
to Ambrose on his executinga delivery bond with
security, for its return by time specitied-subse-
quen;ly and before the time for delivery, Am
brose took an appeal, with Root as security on
the appeal bond. The appeal was afterwards
dismissed and this action was brought On the APP
peal bond The Supreme Court decide that on
the dismissal Of the appeal and the failure Of the
debtor to restore the property the creditor was at
liberty to sue GU; a new execution, and bring nc,
lions on the appea! and delivery bonds Judg
ment aairmed-Opinion by Treat CO.
Darid Green, admir-, Of StadIen vs.. George
NDn-appeal from La Sallc--Purpc Il Glover
L Cook forappellant, Leland for appellee-Juds,
ment affirmed. Opinion BY Truubull J.
Eaton vs.. FtLleH-Appeal from 10 Davies
Hosc & Wilson for appellant, johnson for appel,
lee An officer having once returned a writ, IN
dor,ed mot found the writ is dcad-aud wien
the officer subsequently takes the writ scratches
out the endorsement. serves and returned it, i: Is
not 4 good eryice. Judgment reyersed-Opiu
BY Treat, c. J.
ambrose vs.. Root ct als--Error TO Kane
Morris & Blackwell for plf, l. Wilson for deft
Action Of trespass for an assault Defendants
pleaded an agreement, BY which one Of them,
Root, sold mill to PHI, and pltF agreed to pay
by time specified, and stipulated that if he
failed to pay, deft might enter and take possess;
ion, using as much force as necessary for that pur.
pose, and that such entry should not be regarded
as trespass, nor sued for as such nor in auywise
unlawful-and that plf failed TO pay, and dcft
Root and the other defendant who were in his EN-
ploy did enter, and in so doing did assault and beat
plit little, as they lawfully might do by the n.
grecmcnt Plf demurred, and the Circuit court
overruled the demurrer The Supreme Court de-
eide that the plea is good defence. Judgment
aftirmed-opiniOn by Trumbull, j.
Ballard VS. -NeCdrty Error to 10 Dayess-
Stephens for plf
In cases Of appeal from justice Of the peace,
the question of jurisdiction is to be determined
from the evidence, and not BY reference to the
process Judgment reyersed-Opinion by Treat,
CT
Buaerfeid VS. Sp,ith-Appeal from Cook Co
Court, Tracy and Purple for appellant Cham
lin Hoes for appellee Action of jectment
brought By Butterficid to recover a certain tract
Of land--He claimed under quit claim deed
from George E. Walker, which after describing
the land in question with several other tracts,
contains this reservation: Intending 10 convey
such only rs are now owned by said Walker and
not any that NAV have been conveyed to any one
else" This deed was recorded The defendant
gave in evidence deed from Walker, of prior
date, to Taylor and Others under whom defendnt
claimed for the same land, but which was not re-
corded. The court decide that the unrecorded
deed conveyed Walkers title and left nothing in
him TO pass by the quit claim decd, qualified as it
was by the reservation. Judgment affirmed-O.
pinion BY Trumbul, J.
HHard vs. TVa,kcr-Appeal from Cook Co
Court-Morris 4 Goodrich for appellant-Larned
for appellee Joint Indebtedness cannot be set
of against separate demand due to one of the
partners. No question can be raised "a to the
correctness Of instructions which were not excep,
ted to on the trial Judgment affirmed--Opinion
by Treat, CT.
| McLdq1p va Bropn ct ale Error to 10 Da
viess. NJ Y. johnson for pl'ff in crror-Black
well and Campbell for def'ts Real property
was sold under an execution issued on Judgment
against the owner of the property. Before The
expiration Of twelve months fr.m the sale, tn,
debtor sells his interest in the premises, hut hi
assignee does not redeem Afterwards but befor,
the expiration NJ fifteen months from the frs
sale, another iulrmen. ia rendered nrai0st IN
snme debtor mi the subsequent Judgment crali
tor comee in md rcdc"~s from 'hc former -1'f
and takes deed under Tho 7.H'u'c The ruhaa
qront Judgment il afterwards reversed TIL
court hold that tie reiceming Judgment crcii'o
and The purchaser unler the second executio
holds the propcrtv--and the title In him is not n
frctcd by the reversal Of the judgment on whic
tho redemption was made Judgment affirme
Opinion bv Cation J.
Conklin ct ais vs.. Carson ct all. Error 10 ia
Davicss Co Court Collins and Washbun &c
pl'lf' in error J. P Hoge for def'ts in error
debtor in falling circumstances has right to pr,
fer one creditor to another and to provide for III
preference by assignment but he is not PERM
ted to say to any Of his creditors that they sha
not participate in his present estate unless the
will release all right to satisfy the residue of the