The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1851-06-14
Tie Supreme Court.

Tie Supreme Court
The June term Of The Supreme Court q. this
State, for the Third Grand Division commenced
at this place on Monday. We understand that
there are numb.r Of heavy suits on the docket,
in which the mot distinguished legal talent Of
the state is engaged. Among the gentlemen Of
the bar already in attendance from abroad, we
notice the Hon. Stephen \. Douglass, Hon John
A. McClsrnand Hon. A. Lincoln, Stephen Logan,
Robt Blackwell, Hon N H. Purple, a. G, Cald.
well, O. Peters, A. o. Norman, Alr Balance,
81. Powell, Hon y. B. Judd, l.. y. Arnold JAS,
H. Collins, Mr. Wilson, Mr.. Wngatc, Dir. Taylor,
of Mt Vernon, Col. W. B. Warren, of jackson.
vile. DE, &c
Thus fur but two cases have occupied the at
tention Of the cou't The FIRST is that Of
Jane, Darlap vs.. Darid A. Smith ct ais AZ
signcss Of tie Boak9f ILLINOIS, at ShasHes'orH--
Error to Sangamon. The following is a synopsis
Of the case,
Dunlap, in lS4S, gave his note to tho Bank OF
Illinois (shawneetown) for 1871 900 payable in
Illinois state Indebtedness. After the act placing
the Bank in Liquidation, suit was brought by tie
defendants in error against Dunlap and judgment
rendered for s3sO0O the actual value Of the state
indebtedness BY the act TO wind up The affairs
of the bank it was enacted that the specie in the
bank Except $4,000 for expenses, &c. should
be divided among the creditors Of the bank, Tex
cept for Stock pro rGta, and certificates issued
by the bank lor as much Of their indebtedness as
was not paid in specie. Dunlap offered to pay
the Judgment for SSs 900 in these bank certii.
Gates and moved the circuit court that the judy
rnent be satisfied upon such payment. Til, mo
ssn was resisted upon the ground that tue note
upon which the judgment wa, rendered was
s.Ock nois and should be paid in specie The
circuit court overuled the motion and Dunlap
brings the case to this court.
The questions arising were, LIST. Whether the
rseord shows this noteto bea stock note and I'd.
Hitisa stock note, whether it may not, by virtue
Of the act placing the bank in liquidation, be paid
In bank certificates; the act providing that said
certificates shall be received for all debts due tie
bank.
Tho case was very ably argued by Hon S. A
Douglass and S. !. Logan for plaintiff IN error,
and Hon A Lincoln FIR defendant in error. The
decision Of the court is not yet siYen.
The case, We msy rcuaik, e, yas,l,,i, furnishes
beautiful commentary ca banking in Illinois,
and is well worth the study Of such as haze not
yet made up their minds how they shall vot. on
the bank question, next fall
The next case was that If
The Trustees Of he Illinois and .iieh;gon Ca
nal w. IAos. w. Dysr ct als.--ln claucery-Ap-
peal from Cook county court BY tho appellees,
il is claimed that BY the act Of 1913 theyar en-.
titled to presumption right to certain lands in
section 81, near Chicago and that this right ex.
tends TO forty acres, o. the legal subdivision Of
said section as surveyed by the United State.
BY the trustees, it is insisted that the appellee.
are entitled only to presumption right to Ger.
tain lots as surveyed and plotted by the caual
commissioners
1t appears that improvements were made up.
on the lands claimed 10y appellces prior to lsi3.
that IN 1887, the canal commissioners laid out
these lands into town lots, marked those lots with
the streets and alleys, and plotted the same, but
Gid not record the same till 1913 Tho county
court decided that the appcllees were entitled TO
apre emption right to the subdivision as surveyed
by the U, 8. The trustees appeal
The question arises, whether the preempti1n
right Of the appclees is limited to the town lots
upon which their improvements are now made
according to the survey aud plot Of the canal
commissioners, or whether this survey and plot
did not amount to dedication of alleys, streets
aud squares, or TO legal subdivision until the
same was recorded, and consequently until after
the rights Of the appellecs accrued There are
other minor questions arising which we may no.
lice when they are more fully made in arsumen,
The argument was opened for the trustees on
Thursday, by r. S Blackwell, Esq, who closed
his argument on Friday morning. lie was fol
lowed by II. Collins, Esq, iar tho defence
The argument is still progressing.
The case is one of very great Importance and
involves We understand, some 100000 The
decision will also furnish the rule bywhich mum.
Der OF other cases Of the same class which have
arisen in the region Of the canal, will be deter.
mined; and therefore excites very deep interest
l. n. Arnold Hon. NH, Purple and II. S. Black
well for the plaintiff in error; Messrs Judd and
Wilson, j. IL Collins, and Hon. S. A. Douglas,
for defendants in error
aHs "raANs Scuoot.-Aliss Wyman, who
hAs been teaching the district school in Ottawa