Legal Opinion

Hoots v. Graham

Illinois Supreme Court

Decided November 15, 1859PublishedCited by 7 opinions

This was an action of trespass for damages to real estate, commenced before a justice of the peace by said Graham against Hoots. William Weaver died seized of North-East of North-West Sec. 15, Town. 2 South, Range 4 West, 3rd P. M., unimproved land; had never lived on it, but lived at time of his death about two miles therefrom on public land, and left said Serena, his widow, and some children.

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This was an action of trespass for damages to real estate, commenced before a justice of the peace by said Graham against Hoots. William Weaver died seized of North-East of North-West Sec. 15, Town. 2 South, Range 4 West, 3rd P. M., unimproved land; had never lived on it, but lived at time of his death about two miles therefrom on public land, and left said Serena, his widow, and some children. Said Serena, after the death of said Weaver, built on said land a cabin worth ten or fifteen dollars, and lived thereon some time, and then removed to Ashley, leaving some furniture in said house,…

1Opinion of the CourtWalker, J.

it appears, from the evidence, that one William Weaver died seized of the premises upon which the alleged trespass was committed; that these premises were unimproved during his lifetime. That he left appellee his widow. That she, with her own means, improved the premises after his death; and took possession and occupied them for a time, and then removed to another place, and was about returning again to occupy them, when appellant ordered her to leave the place, and pulled a couple of logs out of the house. After she left the place to reside upon another, the house was, with her permission,…

2Cited by7 opinions

  1. McNeer v. McNeerIllinois Supreme Court · 1892
  2. Frazier v. CaruthersAppellate Court of Illinois · 1892
  3. White v. NaerupAppellate Court of Illinois · 1894
  4. Mueller v. KuhnAppellate Court of Illinois · 1892
  5. McEwan v. BakerAppellate Court of Illinois · 1901

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