Jamison v. Doe, ex dem. Beubien

Illinois Supreme Court

Jamison v. Doe, ex dem. Beubien

4 Ill. 113

DecidedDecember 15, 1841

StatusPublished

This text of 4 Ill. 113 (Jamison v. Doe, ex dem. Beubien) 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

Jamison v. Doe, ex dem. Beubien, 4 Ill. 113 (Ill. 1841).

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Opinion

Smith, Justice,

delivered the opinion of the (old) Court:

This case is brought up from the Circuit Court of Cook county, on a writ of error. Numerous errors are assigned, predicated on the exclusion of various matters, offered to be given in evidence by the defendant, on the trial. That embraced in the thirteenth assignment will alone be considered ; as it is clear from the character of the proof excluded, the decision by which such proof was excluded is erroneous.

It appears, that the evidence offered was tendered with the expressed design of impeaching the preemption granted, on the ground of fraud. The testimony offered and rejected, was, that the preemption, under which the lessor of the plaintiff claimed to have entered and purchased the premises in question, was obtained by the said lessor, by fraud and collusion, between him and the land officers who allowed such preemption.

The single proposition then, arising out of the evidence offered and excluded, is, whether the certificate of purchase and sale, by preemption, of a tract of land of the United States, can be impeached on the ground of fraud, in its obtention, between the preemptor and the officers granting it. Fraud, it is said, vitiates all acts, as between the parties to it; nor can there be a doubt, that fraud is cognizable in a court of law, as well as equity. It is an admitted principle, that a court of law has concurrent jurisdiction with a court of equity, in cases of fraud.

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Smith, Justice,

delivered the opinion of the (old) Court:

This case is brought up from the Circuit Court of Cook county, on a writ of error. Numerous errors are assigned, predicated on the exclusion of various matters, offered to be given in evidence by the defendant, on the trial. That embraced in the thirteenth assignment will alone be considered ; as it is clear from the character of the proof excluded, the decision by which such proof was excluded is erroneous.

It appears, that the evidence offered was tendered with the expressed design of impeaching the preemption granted, on the ground of fraud. The testimony offered and rejected, was, that the preemption, under which the lessor of the plaintiff claimed to have entered and purchased the premises in question, was obtained by the said lessor, by fraud and collusion, between him and the land officers who allowed such preemption.

The single proposition then, arising out of the evidence offered and excluded, is, whether the certificate of purchase and sale, by preemption, of a tract of land of the United States, can be impeached on the ground of fraud, in its obtention, between the preemptor and the officers granting it. Fraud, it is said, vitiates all acts, as between the parties to it; nor can there be a doubt, that fraud is cognizable in a court of law, as well as equity. It is an admitted principle, that a court of law has concurrent jurisdiction with a court of equity, in cases of fraud.

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Bluebook (online)

4 Ill. 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamison-v-doe-ex-dem-beubien-ill-1841.

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