Legal Opinion

Jayne v. Gregg

Illinois Supreme Court

Decided November 15, 1866PublishedCited by 8 opinions

Wbit of Ebbob to the Circuit court of Marion county; the Hon. Silas L. Betas, Judge, presiding. This was an action of ejectment, brought in the Circuit Court of Marion county, May 19th, 1863, by Ebenezer Jayne, to recover the undivided nine-thirteenths of a forty acre tract of land in that county, claimed by Bobert F. Gregg. The cause was tried at the March Term, 1864, of the Circuit Court of that county.

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Wbit of Ebbob to the Circuit court of Marion county; the Hon. Silas L. Betas, Judge, presiding. This was an action of ejectment, brought in the Circuit Court of Marion county, May 19th, 1863, by Ebenezer Jayne, to recover the undivided nine-thirteenths of a forty acre tract of land in that county, claimed by Bobert F. Gregg. The cause was tried at the March Term, 1864, of the Circuit Court of that county. Jayne, the plaintiff in the court below, derived title from Solomon C. Dickinson, the original patentee, and, on trial, introduced in evidence, without objection, the patent from the United…

1Opinion of the CourtJustice Lawrence

This was an action of ejectment, in which the plaintiff proved a title derived from the patentee, and the defendant showed color ot title by a deed to one Jones, and a deed from Jones to himself. He also proved that Jones paid the taxes for the years 1853 to 1858, inclusive, and that he himself paid the taxes from 1859 to 1863, both inclusive. But the weakness of this defense lies in the fact that the deed from Jopes to the defendant bears date March 1, 1858, and it was acknowledged on the 27th of March, 1858. In the absence of all proof, the presumption is that it was delivered on the day of…

2Cited by8 opinions

  1. Clokey v. Wabash Railway Co.Illinois Supreme Court · 1933
  2. Clark v. AkersSupreme Court of Kansas · 1876
  3. Hardin v. OsborneIllinois Supreme Court · 1871
  4. Harriman Land Co. v. HiltonTennessee Supreme Court · 1908
  5. Smith v. ScarbroughSupreme Court of Arkansas · 1895

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