Graves v. Colwell
Illinois Supreme Court
Appeal from the Circuit Court of Stark county; the Hon. J. W. Cochean, Judge, presiding. This was ejectment by appellee, the plaintiff below, against appellants, the defendants below, to recover a valuable tract of land in Stark county.
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Appeal from the Circuit Court of Stark county; the Hon. J. W. Cochean, Judge, presiding. This was ejectment by appellee, the plaintiff below, against appellants, the defendants below, to recover a valuable tract of land in Stark county. Mirandus B. French was the common source of title. • Appellee’s chain of title was a deed, from French to Thomas Colwell, bearing date October 14, 1856; a deed from Thomas Colwell, Sr., and wife, to Adolphus Colwell and appellee, bearing date November 9, 1858; and a deed from Adolphus Colwell to appellee, bearing date October 17, 1874. The chain' of title of…
1Opinion of the CourtJustice Baker
The plaintiff made out a prima facie case by availing himself of the presumption of law that the father and not the son was intended by the deed from French. Lepiot v. Browne, 6 Mod. Rep. 198; Kincaid V. Howe, 10 Mass.. 203; Padgett v. Lawrence, 10 Paige, 170; The State v. Vittum, 9 N. H. 519; 2 Wharton’s Ev. § 1273.
It, then, devolved on defendants to introduce evidence sufficient prima facie to rebut this legal presumption, and, as they did so, they would have been entitled to a verdict if the case had stood still there. The case of the defendants, as disclosed by their testimony, considered…
2Cases cited1 opinion
- Padgett v. LawrenceNew York Court of Chancery · 1843
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- State v. BuralliNevada Supreme Court · 1903
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