Doe, ex dem. Ankeny v. McMahon
Doe, ex dem. Ankeny v. McMahon
Opinion of the Court
delivered the opinion of the Court:
This was an action of ejectment, brought in the Jackson Circuit Court, to recover a quarter section of land. Plea not guilty. A trial was had, and judgment rendered for the defendants. To reverse the judgment, a writ of error is brought to this Court. The bill of exceptions taken in the cause states, that after the plaintiff had proved title in his lessor to the premises in question, the defendants offered to read in evidence, a paper purporting to be a replevy bond, bearing date the 11th November, 1824, executed by Ankeny, the lessor of the plaintiff, as principal, and John Logan, as surety, reciting the rendition of a judgment in the Jackson Circuit Court, on the 20th August, 1824, for $336.50, in favor of John Black, against said Ankeny, as the administrator of Snyder; the issuing of an execution thereon; and conditioned for the payment of the judgment within three years, agreeably to the provisions of “ An act concerning judgments and executions ,” approved February 17th, 1823,
Several errors are assigned, but the only one relied on is the following:
That the Circuit Court erred in permitting the paper purporting to be a replevy bond, and the fieri facias issued thereon, to be read as evidence to the jury. It is contended by the plaintiff, that the instrument read in evidence is not a bond, the seals or scrawls of the parties not being affixed to it.
The paper in question is described in the body of it, as sealed with the seals of the parties, and the letters “ L. S.” are in print opposite the names of Ankeny and Logan respectively. The first section of “ An act concerning practice”
If he places his signature opposite a scrawl already made, he thereby adopts it, and makes it his own. These views are strengthened by reference to the decisions in 1 McLean 462; 2 Blackf. 322; and 3 Blackf. 162.
The judgment of the Court below is affirmed with costs.
Judgment affirmed.
R. L. 377; Gale’s Stat, 394.
R L. 496; Gale’s Stat. 529.
Reference
- Full Case Name
- John Doe, ex dem. John Ankeny, in error v. John McMahon, in error
- Status
- Published