Sidwell v. Schumacher
Illinois Supreme Court
Appeal from the Circuit Court of Wayne county; the Hon. William C. Jones, Judge, presiding. This was an action of ejectment, brought by appellee against appellant, to the October term, 1879, of the Wayne county circuit court, for the recovery of the east half of the northeast quarter of section 1, township 1 south, range seven east.
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Appeal from the Circuit Court of Wayne county; the Hon. William C. Jones, Judge, presiding. This was an action of ejectment, brought by appellee against appellant, to the October term, 1879, of the Wayne county circuit court, for the recovery of the east half of the northeast quarter of section 1, township 1 south, range seven east. Appellee, for the purpose of showing title in herself, introduced in evidence, against the objections of appellant, a judgment of the Wayne circuit court, at its March term, 1874, in a proceeding by scire facias to foreclose a mortgage, wherein appellee was…
1Opinion of the CourtJustice Mulkey
There are but two questions arising out of the foregoing state of facts which Ave deem of sufficient importance to consider, both of Avhieh relate to the sufficiency of appellee’s title. It is a familiar principle, that a plaintiff in ejectment must recover, if at all, on the strength of his or her own title. The defendant’s possession will not be permitted to be disturbed until the plaintiff has shown a clear title as against the defendant.
The fee simple title to the premises is established in Metz by showing he was in the actual possession of them as late as 1860, claiming them as owner.…
2Cases cited8 opinions
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