Chicago & Alton Railroad v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was an action of ejectment, by Irwin Z. Smith against the Chicago and Alton Eailroad Company, to recover certain real estate occupied by the defendant as a right of way. The opinion of the court states the facts of the case sufficiently to an understanding of the points decided.
1Opinion of the CourtJustice Walker
This case was previously before this court, and is reported in 67 Ill. 191. It was there held, that the action of ejectment for the recovery of this land could be maintained. It was also held, that appellee had shown a title in fee, and he produced and read in evidence, on the trial in the court below, the same title.
On the trial in the court below, appellant introduced the publisher of the newspaper in which the notice was published, and he testified to its publication as required by the statute, and it is contended that, from it and the subsequent proceedings of the commissioners, the title…
2Cases cited1 opinion
- Smith v. Chicago, Alton & St. Louis R. R.Illinois Supreme Court · 1873
3Cited by30 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Haj v. American Bottle Co.Illinois Supreme Court · 1913
- Bradley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Robinson v. Southern California Railway Co.California Supreme Court · 1900
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
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