Sanders v. Village of Riverside
Court of Appeals for the Seventh Circuit
Appeal and Cross-Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This suit grew out of the disputed ownership of two strips of land, each 30 feet wide and 4,700 feet long, in Riverside, a suburb of Chicago. They are adjacent to, parallel with, and separated by, the right of way of a railroad.
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Appeal and Cross-Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This suit grew out of the disputed ownership of two strips of land, each 30 feet wide and 4,700 feet long, in Riverside, a suburb of Chicago. They are adjacent to, parallel with, and separated by, the right of way of a railroad. Mr. Sanders, a citizen of New York, claims title through mesne conveyances from the Riverside Improvement Company, a corporation that founded Riverside: The village claims the land as part of its public parks, through an alleged…
1Opinion of the CourtBaker, Circuit Judge
There can be no question but that the village could have driven Mr. Sanders to an action of ejectment if it had stood upon the proposition that one out of possession cannot maintain an equity suit to quiet title against one in possession. Jackson v. Simmons, 39 C. C. A. 514, 98 Fed. 768. And the objections now urged, that Mr. Sanders came into court with unclean hands, and that a municipality cannot be held as defendant in a suit to quiet title, would have to be considered, if they had been made in time, and had not subsequently been waived. The village, however, filed a cross-bill, in which…
2Cases cited13 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Holland v. ChallenSupreme Court of the United States · 1884
- Davis v. SchwartzSupreme Court of the United States · 1895
- Jackson Ex Dem. St. John v. ChewSupreme Court of the United States · 1827
- Village of Winnetka v. ProutyIllinois Supreme Court · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Brownsville v. WestCourt of Appeals of Texas · 1941
- Reitz v. CooperSupreme Court of Kansas · 1927
- Davenport v. WolfSupreme Court of Oklahoma · 1916
- Mobile Shipbuilding Co. v. Federal Bridge & Structural Co.Court of Appeals for the Seventh Circuit · 1922
- Chicago Bonding & Surety Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1919
6 more not listed; retrieve them via the Exa API.