Tolman v. Race
Illinois Supreme Court
Appeal from the Circuit Court of Greene county; the Hon. D. M. Woodson, Judge, presiding. This was an ejectment for four and seventy-seven one hundredths acres on west side of south-east quarter of Section 81, Town 9 north, Range 11, in said county. Pleas, not guilty, and not in possession of the premises. The evidence in behalf of the plaintiff was as follows: Richards testified, that he aided, twenty-five years since, in survey of land, to ascertain corner in question.
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Appeal from the Circuit Court of Greene county; the Hon. D. M. Woodson, Judge, presiding. This was an ejectment for four and seventy-seven one hundredths acres on west side of south-east quarter of Section 81, Town 9 north, Range 11, in said county. Pleas, not guilty, and not in possession of the premises. The evidence in behalf of the plaintiff was as follows: Richards testified, that he aided, twenty-five years since, in survey of land, to ascertain corner in question. That surveyor found mound corner at corner of fence where it is now. That fence was changed in part — not at the south but…
1Opinion of the CourtJustice Breese
This was an action of ejectment in the Greene Circuit Court, and brought here after a verdict and judgment for the defendant, by agreement, on a bill of exceptions.
Ho question of law is presented in the case, the only error assigned being the refusal of the court to set aside the verdict and grant a new trial.
The question presented on the trial below, was one of boundary between adjoining .quarter sections of land, and that depending on the location of a certain corner, on which much testimony was given on both sides. It was somewhat conflicting in its nature, as it ever will be in cases of…
2Cases cited4 opinions
- French v. LowryIllinois Supreme Court · 1857
- Bush v. KindredIllinois Supreme Court · 1858
- Goodell v. WoodruffIllinois Supreme Court · 1858
- Carpenter v. AmbrosonIllinois Supreme Court · 1858
3Cited by4 opinions
- Cutler v. CallisonIllinois Supreme Court · 1874
- Lourance v. GoodwinIllinois Supreme Court · 1897
- Johnson v. Mutual Trust Life InsuranceAppellate Court of Illinois · 1933
- Dole v. ClowAppellate Court of Illinois · 1886