Legal Opinion

Kepley v. Scully

Illinois Supreme Court

Decided April 17, 1900PublishedCited by 15 opinions

1 Writ of Error to the Circuit Court of Effingham county; the Hon. Samuel L. Dwight, Judge, presiding. This is an action of ejectment, begun on August 6, 1895, by defendants in error, Robert Scully and Rachel Lilly, against plaintiffs in error, Henry B. Kepley and James Phifer, to recover the possession of lots 9 and 10, in block 2, in the western addition to the town, now city, of Effingham, in Effingham county.

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1 Writ of Error to the Circuit Court of Effingham county; the Hon. Samuel L. Dwight, Judge, presiding. This is an action of ejectment, begun on August 6, 1895, by defendants in error, Robert Scully and Rachel Lilly, against plaintiffs in error, Henry B. Kepley and James Phifer, to recover the possession of lots 9 and 10, in block 2, in the western addition to the town, now city, of Effingham, in Effingham county. The plea of not guilty was filed by both defendants below, and a separate plea was filed by Henry B. Kepley, denying possession of the premises at the time of bringing suit, and…

1Opinion of the CourtJustice Magruder

In this action of ejectment the defendants in error proved that they and the parties, under whom they hold, were in adverse possession of lots 9 and 10 for a period of more than twenty years before the commencement of the action, to-wit: from February, 1868, to some time in 1890 or 1891. On February 24, 1868, Thomas R. Dutton and wife conveyed lot 9 by warranty deed to Jesse Jennings. Theretofore, on October 23, 1867, Alfred Dixon and wife by a warranty deed had conveyed lot 10 to Jesse Jennings. Jesse Jennings was in possession of the lots up to January 9,1880, when he and his wife conveyed…

2Cases cited12 opinions

  1. Barger v. HobbsIllinois Supreme Court · 1873
  2. Kirkland v. CoxIllinois Supreme Court · 1880
  3. Riverside Co. v. TownshendIllinois Supreme Court · 1886
  4. Weber v. AndersonIllinois Supreme Court · 1874
  5. Hardin v. ForsytheIllinois Supreme Court · 1880

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3Cited by15 opinions

  1. Coombs v. PeopleIllinois Supreme Court · 1902
  2. Welner v. StearnsUtah Supreme Court · 1911
  3. Stark Et Ux. v. Lardin, Exr.Superior Court of Pennsylvania · 1938
  4. Crawford v. LoveAppellate Court of Illinois · 1993
  5. Fagan v. BachIllinois Supreme Court · 1912

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