Terhune v. Porter

This is an action of ejectment, in which appellee recovered a judgment against appellants for the possession of two forty-acre tracts of land in Franklin county. In her declaration plaintiff claimed title to the lands in fee, and the defendants filed pleas of not guilty and a former suit pending. The cause was heard by the court without a jury, which had been waived.

In ejectment a plaintiff must recover, if at all, upon the strength of his own title. (Doe ex dem. Moore v. Hill, Breese, 304; Hague v. Porter, 45 Ill. 318.) Unless the plaintiff proved title in herself the defendants, could not…