Lake Shore & Michigan Southern Ry. Co. v. Pittsburg, Ft. Wayne & Chicago Ry. Co.
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. William W. Farwell, Judge, presiding. This was a bill in chancery, by the appellee against the appellant, claiming the right of way occupied by the defendant over a tract of land, and charging that no steps had been taken to condemn the same. The court below dissolved the temporary injunction, and dismissed the bill, from which the complainant appealed.
1Opinion of the CourtJustice Scholfield
The decree of the court' below must be affirmed, for the reason that, in our opinion, the evidence shows appellee was in possession of the property in controversy, under color of title, made in good faith, and had paid all taxes legally assessed thereon for seven successive years preceding the commencement of suit.
The deed from Lanier and others to appellee, dated March 2, 1862, purported to convey “all and singular the railroad of the Pittsburg, Fort Wayne and Chicago Bailway Company, including the right of way therefor, the road-bed thereof, the superstructures of all sorts thereon, its…
2Cases cited3 opinions
- Bowman v. WettigIllinois Supreme Court · 1866
- McCagg v. HeacockIllinois Supreme Court · 1864
- Winstanley v. MeachamIllinois Supreme Court · 1871
3Cited by3 opinions
- Maring v. MeekerIllinois Supreme Court · 1914
- Mitchell v. Chicago, Burlington & Quincy Railway Co.Illinois Supreme Court · 1914
- Lewis v. BarnhardtU.S. Circuit Court for the Northern District of Illnois · 1890