Faloon v. Simshauser
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. The plaintiff in ejectment must recover on the strength of his own title, and not on the weakness of the defendant’s. The plaintiffs can not recover, for the reason that they failed to show a legal title in themselves at the commencement of the suit.
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Appeal from the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. The plaintiff in ejectment must recover on the strength of his own title, and not on the weakness of the defendant’s. The plaintiffs can not recover, for the reason that they failed to show a legal title in themselves at the commencement of the suit. Pitkin v. Yaw, 13 Ill. 251. To make a disseizin effectual to give title under it to a second disseizor, it must appear that the latter holds the estate under the first disseizor, so that the disseizin of the one may be connected with that of the other.…
1Opinion of the CourtJustice Baker
This was ejectment, against the appellants, Matthew Faloon and Thomas F. Tipton. The premises in controversy were a strip of ground, beginning at the south-west corner of lot 1, in White’s addition to the town (now city) of Bloomington, and running thence north to the north line of said lot, thence west twenty-nine feet, thence south to the north line of Grove street, and thence east twenty-nine feet to the place of beginning. The appellant Tipton exhibited at the trial a title in himself, through mesne conveyance, from the government of the United States. The important matter in controversy…
2Cases cited7 opinions
- Riverside Co. v. TownshendIllinois Supreme Court · 1886
- Weber v. AndersonIllinois Supreme Court · 1874
- James v. Indianapolis & St. Louis RailroadIllinois Supreme Court · 1878
- Hinchman v. WhetstoneIllinois Supreme Court · 1859
- Miller v. ChittendenSupreme Court of Iowa · 1856
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3Cited by26 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Duffield v. DuffieldIllinois Supreme Court · 1915
- Wishart v. McKnightMassachusetts Supreme Judicial Court · 1901
- Miller v. McAlisterIllinois Supreme Court · 1902
- Rich v. NaffzigerIllinois Supreme Court · 1912
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