Gosselin v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Jefferson Orr, Judge, presiding. On November 18, 1887, appellees filed their bill for partition in the circuit court of Cook county, alleging they, with appellants, were the owners in fee of certain real estate in the bill described, and setting up the interest as claimed by appellees.
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Appeal from the Circuit Court of Cook county; the Hon. Jefferson Orr, Judge, presiding. On November 18, 1887, appellees filed their bill for partition in the circuit court of Cook county, alleging they, with appellants, were the owners in fee of certain real estate in the bill described, and setting up the interest as claimed by appellees. This bill was subsequently amended and additional parties made defendants, and by reason of the death of certain of the complainants additional parties were made complainants. From the allegations of the bill it appears that Stephen Gosselin, Sr., entered…
1Opinion of the Court
Phillips, J.:
The evidence shows that Stephen Gosselin, Sr., entered into possession of the lands in the bill described, in 1852, and erected buildings thereon, occupying one as a residence with his family, and claiming ownership of the land. That possession, with claim of ownership, continued until in 1865, when he died, leaving surviving him his widow and children as named in the bill. Possession of land under a claim of ownership has always been regarded as prima facie evidence of title with seizin of the inheritance, and is of itself title in a low degree. (Davis v. Easley et al. 13 Ill.…
2Cases cited5 opinions
- Davis v. EasleyIllinois Supreme Court · 1851
- Brown v. JacksonSupreme Court of the United States · 1822
- Phelan v. KelleyNew York Supreme Court · 1841
- Mooney v. OlsenSupreme Court of Arkansas · 1879
- Riggs v. GirardIllinois Supreme Court · 1890
3Cited by4 opinions
- Hanrick v. GurleyTexas Supreme Court · 1900
- Rich v. NaffzigerIllinois Supreme Court · 1912
- Lambert v. HemlerIllinois Supreme Court · 1910
- Carter v. ReynoldsAppellate Court of Illinois · 1903