Case Details

Case Summary

Swearingen claimed Curtis broke a lock at Swearingen's grist mill and cut down a number of trees. Swearingen sued Curtis in the Clinton County Circuit Court in an action of trespass quare clausum fregit requesting $1,000 in damages. Curtis claimed ownership of the land through a judicial sale. The jury found for Swearingen and $300 in damages. Curtis appealed to the Illinois Supreme Court. The Court affirmed the judgment because the judicial sale deed was apparently never executed, therefore, Curtis had trespassed on the land.

Illinois Reports File