Johnson v. C. & N. W. Sand & Gravel Co.
Court of Appeals for the Seventh Circuit
In Error to tbe Circuit Court of the United Slates for tlie Northern District of Illinois. The plaintiffs in error, deriving title as heirs at law of Francis Johnson, deceased, on September 18, 1893, filed their príncipe for a summons in a pica of trespass, to recover certain sand and gravel taken from their lands by the defendants in error, and by tliom converted to their use.
Read the full summary
In Error to tbe Circuit Court of the United Slates for tlie Northern District of Illinois. The plaintiffs in error, deriving title as heirs at law of Francis Johnson, deceased, on September 18, 1893, filed their príncipe for a summons in a pica of trespass, to recover certain sand and gravel taken from their lands by the defendants in error, and by tliom converted to their use. In 1858 Francis Johnson acquired title, through mesne conveyances from the government, to sections 26, 27, 84, and 35 in town 46 N., of range 12 13. of the third P. M., Take county, Ill., — four miles northeast of the…
1Opinion of the CourtJenkins, Circuit Judge
(alter stating the facts as above). The plaintiffs in error were not in the actual possession of the premises at the occurring of the alleged trespasses, and they were not entitled to the possession of the premises at the bringing of the suit, having previously conveyed their interest. We do not stop to inquire, concerning the declaration, whether the various counts are in trespass or trespass on the case, or some in one and some in the other; for the main question here is whether, in such an action, — whether it be in trespass or in trespass on the case, — the one having legal title, but…
2Cases cited18 opinions
- Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
- Halleck v. MixerCalifornia Supreme Court · 1860
- White v. YawkeySupreme Court of Alabama · 1895
- Smith v. WunderlichIllinois Supreme Court · 1873
- Wright v. GuierSupreme Court of Pennsylvania · 1840
13 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Clark v. DowerWest Virginia Supreme Court · 1910