St. Louis, Alton & Springfield Railroad Co. v. Hamilton
Illinois Supreme Court
Appeal from the Circuit Court of Jersey county; the Hon. George W. Herdman, Judge, presiding. This was an action of ejectment, brought by Amanda L. Hamilton, against the St. Louis, Alton and Springfield Railroad Company and Joseph Dickson, receiver of the railroad company, to recover a strip of land fifty feet wide running across the fractional west half of the northwest quarter of section 14,township 6, range 12, in Jersey county, Illinois, being the right of way of the…
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Appeal from the Circuit Court of Jersey county; the Hon. George W. Herdman, Judge, presiding. This was an action of ejectment, brought by Amanda L. Hamilton, against the St. Louis, Alton and Springfield Railroad Company and Joseph Dickson, receiver of the railroad company, to recover a strip of land fifty feet wide running across the fractional west half of the northwest quarter of section 14,township 6, range 12, in Jersey county, Illinois, being the right of way of the defendant the St. Louis, Alton and Springfield Railroad Company. The defendant Joseph Dickson, receiver, filed a general…
1Opinion of the CourtChief Justice Craig
The first question presented by the record is whether the court erred in overruling the demurrer of Joseph Dickson, receiver, to the declaration. It will be observed that Dickson was sued, not as an individual, but as a receiver. It was thus impliedly admitted in the declaration that he had been appointed receiver of the St. Louis, Alton and Springfield Railroad Company by some court of competent jurisdiction, and having been thus appointed he was an officer of the court, and his possession of the land sought to be recovered was the possession of the court. The law is well settled that where…
2Cases cited3 opinions
- Richards v. PeopleIllinois Supreme Court · 1876
- Mulcahey v. StraussIllinois Supreme Court · 1894
- Keen v. BreckenridgeIndiana Supreme Court · 1884
3Cited by8 opinions
- Gunning v. SorgIllinois Supreme Court · 1905
- Hall v. Florida State Drainage Land Co.Supreme Court of Florida · 1925
- Shedd v. SeefeldIllinois Supreme Court · 1907
- Converse v. DunnIllinois Supreme Court · 1897
- Fox River Paper Co. v. Western Envelope Co.Appellate Court of Illinois · 1903
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