Petty v. Scott

Illinois Supreme Court

Petty v. Scott

10 Ill. 209

DecidedDecember 15, 1848

StatusPublished

This text of 10 Ill. 209 (Petty v. Scott) 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

Petty v. Scott, 10 Ill. 209 (Ill. 1848).

Pincite

Opinion

The Opinion of the Court was delivered by

Treat, C. J.

The bill of exceptions discloses this state of case. The plaintiff claimed title as purchaser at a sheriff’s sale on an execution against the defendant. -He read in evidence the judgment and execution, without objection. He then offered in evidence the sheriff’s deed, which was objected to on the ground of a variance between the judgment read in evidence, and the judgment recited in the deed. The Court overruled the objection, and admitted the deed in evidence. That decision is assigned for error. The record of the judgment is not before us, and we cannot therefore determine whether there was a variance between it and the sheriff’s deed. The clerk has copied a judgment into the transcript, but that, as this Court has repeatedly decided, does not make- it a part of the record of the case. It should appear in the bill of exceptions. Saunders v. McCollins, 4 Scam. 419; Corey v. Russell, 3 Gilm. 366; Edwards v. Patterson, (ante, 126.) There was no error in the other decisions of the Court.

The judgment of the Circuit Court is affirmed with costs.

Judgment affirmed.

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The Opinion of the Court was delivered by

Treat, C. J.

The bill of exceptions discloses this state of case. The plaintiff claimed title as purchaser at a sheriff’s sale on an execution against the defendant. -He read in evidence the judgment and execution, without objection. He then offered in evidence the sheriff’s deed, which was objected to on the ground of a variance between the judgment read in evidence, and the judgment recited in the deed. The Court overruled the objection, and admitted the deed in evidence. That decision is assigned for error. The record of the judgment is not before us, and we cannot therefore determine whether there was a variance between it and the sheriff’s deed. The clerk has copied a judgment into the transcript, but that, as this Court has repeatedly decided, does not make- it a part of the record of the case. It should appear in the bill of exceptions. Saunders v. McCollins, 4 Scam. 419; Corey v. Russell, 3 Gilm. 366; Edwards v. Patterson, (ante, 126.) There was no error in the other decisions of the Court.

The judgment of the Circuit Court is affirmed with costs.

Judgment affirmed.

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Bluebook (online)

10 Ill. 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petty-v-scott-ill-1848.