Johnson v. Shinkle
Illinois Supreme Court
Johnson v. Shinkle, 50 Ill. 137 (Ill. 1869)
Lawrence
Johnson v. Shinkle
Opinion of the Court
delivered the opinion of the Court:
The question presented by this record was decided at the April term, 1867, in Mills v. Graves, 44 Ill. 50. "We there held that a conveyance by the plaintiff in an action of ejectment, pending the suit, would not defeat his right of recovery, which would enure to the benefit of his grantee.
The circuit court should have rendered a judgment for the recovery of the possession, and that the plaintiff have his writ of habere facias possessionem.
The judgment is reversed and the cause remanded.
Judgment reversed.
Reference
- Full Case Name
- Jackson M. Johnson v. Charles Shinkle
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Ejectment—conveyance by plaintiff, pending mil. A conveyance by the plaintiff in an action of ejectment, pending suit, will not defeat his right of recovery, which in such case would enure to the benefit of his grantee. 2. Writ of possession—when to be awarded. Notwithstanding a plaintiff in ejectment makes a conveyance of the land, pending the suit, if the finding upon the trial is in his favor, judgment should be rendered for a recovery of possession, and that the plaintiff shall have his writ of habere facias possessionem.