Craig v. Peake

Illinois Supreme Court

Craig v. Peake

22 Ill. 185

CourtIllinois Supreme Court

DecidedApril 15, 1859

StatusPublished

Cited by1 cases

This text of 22 Ill. 185 (Craig v. Peake) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Craig v. Peake, 22 Ill. 185 (Ill. 1859).

Pincite

Opinion

Caton, C. J.

This case should have been submitted to the jury. There was evidence, to say the least, tending strongly to show that the property belonged to the claimant, and he had a right to take the opinion of the jury upon the evidence as to whether it was not his property. Independent of all other evidence, the property was .found in his possession, claiming title, and this was of itself sufficient to put the case to the jury. The court erred in instructing the jury to find as they did, and the judgment must be reversed and the cause remanded.

Judgment reversed.

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Caton, C. J.

This case should have been submitted to the jury. There was evidence, to say the least, tending strongly to show that the property belonged to the claimant, and he had a right to take the opinion of the jury upon the evidence as to whether it was not his property. Independent of all other evidence, the property was .found in his possession, claiming title, and this was of itself sufficient to put the case to the jury. The court erred in instructing the jury to find as they did, and the judgment must be reversed and the cause remanded.

Judgment reversed.

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Bluebook (online)

22 Ill. 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-v-peake-ill-1859.

Opinion

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