Burton v. Gleason
Illinois Supreme Court
Writ of Error to the County Court of La Salle county; the Hon. P. K. Leland, Judge, presiding. This was a suit in chancery, instituted in the court below by Martin Gleason, against Anna Burton.
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Writ of Error to the County Court of La Salle county; the Hon. P. K. Leland, Judge, presiding. This was a suit in chancery, instituted in the court below by Martin Gleason, against Anna Burton. The bill alleges, substantially, that in the year 1835 one McQuon purchased from the United States the south-west quarter of section 35, in town 31, range 3 east, situate in La Salle county; that, in November, 1850, said McQuon conveyed to Charles Hallam a certain part of said quarter section, containing twenty acres, and the deed therefor was duly recorded. The bill further alleges that, about the…
1Opinion of the CourtJustice Breese
Complainant alleges in his bill, that at the time of filing the same and prior thereto, the full title in fee simple to the piece of land described therein, was vested in him. There is no allegation in the bill that complainant was in possession; the inference therefore must be he was not in possession.. .and being so, his remedy to recover the possession was complete at law, by an action of ejectment, in which he could not fail to recover, on showing a complete legal title in himself. The fact that Mrs. Burton had received of Hallara, a deed to herself, to supply the place of a prior deed…
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