Roberts v. Birks
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. W. C. Johns, Judge, presiding. This is an action of ejectment commenced in the circuit court of Macon county by appellee, John V. Birks, against the appellants, Thomas J. Roberts and Arthur Roberts, to recover possession of a strip of land from twenty to twenty-five feet in width across the length of an eighty-acre tract.
Read the full summary
Appeal from the Circuit Court of Macon county; the Hon. W. C. Johns, Judge, presiding. This is an action of ejectment commenced in the circuit court of Macon county by appellee, John V. Birks, against the appellants, Thomas J. Roberts and Arthur Roberts, to recover possession of a strip of land from twenty to twenty-five feet in width across the length of an eighty-acre tract. Seven or eight years prior to the commencement of the suit the appellant Thomas J. Roberts purchased and entered into possession of the east half of the south-west quarter of section 8, township 16 north, range i, east…
1Opinion of the CourtJustice Wilkin
It is clear that appellee and his grantors were vested with the legal title, derived from the government, to the strip" of land in controversy, but the possession at the time of the commencement of the suit was in appellants, and they and their grantors had been in possession for some fifty years. Some time between the years 1855 and 1865, as above stated, the respective owners planted a hedge fence dividing their lands as then occupied. The exact circumstances or agreement under which it was planted does not appear. There is nothing to show whether it was in fact intended to be on the line…
2Cases cited1 opinion
- Henderson v. DennisIllinois Supreme Court · 1898
3Cited by1 opinion
- Warren Featherbone Co. v. De CampU.S. Circuit Court for the Northern District of Illnois · 1907