Legal Opinion

Krause v. Nolte

Illinois Supreme Court

Decided October 24, 1905PublishedCited by 16 opinions

Appeal from the Circuit Court of Calhoun county; the Hon. Thomas Mehan, Judge, presiding. This is an action of ejectment, commenced by the appellee against the appellant in the circuit court of Calhoun county on September 27, 1904, to recover a certain strip of land, described in the declaration as “a strip of land off the east side of the north-east quarter of the south-west quarter about fifteen feet wide at the south end, and about ten feet wide at the north end of said…

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Appeal from the Circuit Court of Calhoun county; the Hon. Thomas Mehan, Judge, presiding. This is an action of ejectment, commenced by the appellee against the appellant in the circuit court of Calhoun county on September 27, 1904, to recover a certain strip of land, described in the declaration as “a strip of land off the east side of the north-east quarter of the south-west quarter about fifteen feet wide at the south end, and about ten feet wide at the north end of said strip of land, in section 11, in township 13, south, range 2 west of the fourth principal meridian,” etc. Plaintiff…

1Opinion of the CourtJustice Magruder

The proof shows conclusively that the appellee, plaintiff below, was 'never in possession of the strip of land in controversy between himself and the appellant. Not only was the appellee never in possession of the strip, but he did not show himself to be the owner of the government title to the strip in question. The first deed, introduced by appellee, was a warranty deed by Alanson Fuller and wife, dated September 27, 1858, to one Frederick Battles. Appellee then showed title from Battles to himself, but he did not prove title from the government to Fuller. As appellee did not show that he…

2Cases cited15 opinions

  1. Riggs v. RileyIndiana Supreme Court · 1888
  2. Sawyer v. NelsonIllinois Supreme Court · 1896
  3. Cleveland v. ObenchainIndiana Supreme Court · 1886
  4. King v. BrighamOregon Supreme Court · 1892
  5. Love v. MorrillOregon Supreme Court · 1890

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3Cited by16 opinions

  1. Joiner v. JanssenIllinois Supreme Court · 1981
  2. Burns v. CurranIllinois Supreme Court · 1916
  3. Dagit v. ChildersonIllinois Supreme Court · 1945
  4. Wijas v. ClorfeneAppellate Court of Illinois · 1970
  5. Martin v. My Farm, Inc.Appellate Court of Illinois · 1983

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