Essington v. Neill
Illinois Supreme Court
This was an action of trespass. The declaration was filed for March term, 1858, of the Clinton Circuit Court, against defendant, for committing divers trespasses upon the S. E. i, N. E. i of section 9, T. 3, R. 2 West, in Clinton county, Ill. Defendant filed four pleas: 1st. The general issue, upon which issue was joined. 2nd. Liberum tenementum in James Russell, for whom he, defendant, claimed to be the servant or agent, and therefore justified the trespasses. 3rd.
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This was an action of trespass. The declaration was filed for March term, 1858, of the Clinton Circuit Court, against defendant, for committing divers trespasses upon the S. E. i, N. E. i of section 9, T. 3, R. 2 West, in Clinton county, Ill. Defendant filed four pleas: 1st. The general issue, upon which issue was joined. 2nd. Liberum tenementum in James Russell, for whom he, defendant, claimed to be the servant or agent, and therefore justified the trespasses. 3rd. That said James Russell had claim and color of title made in good faith for said land, and payment of taxes therefor, and actual…
1Opinion of the CourtWalker, J.
This was an action of trespass quare clausum fregit, commenced by plaintiff against defendant in the Clinton Circuit Court. To the declaration filed in the case, the defendant plead the general issue; liberum tenementum in James Russell, under whom defendant justified as his servant; that Russell had claim and color of title made in good faith, and payment of taxes, and actual possession thereof for seven successive -years prior to the commencement of this suit, and therefore the trespasses were justified; that Russell also had claim and color of title made in good faith, having a deed…
2Cited by1 opinion
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