Hardin v. Forsythe
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hou. John G. Rogers, Judge, presiding. This case originally was two suits in ejectment, brought February 17, 1866, by Seth W. Hardin and Maurice Wake-man, each plaintiff filing a separate count in his own favor, the first being against Andrew Forsythe, for all of section 3, town 33 north, range 10, east of the third principal meridian, in Will county, and the other against James Kirk, for the east half of the south-east…
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Appeal from the Circuit Court of Cook county; the Hou. John G. Rogers, Judge, presiding. This case originally was two suits in ejectment, brought February 17, 1866, by Seth W. Hardin and Maurice Wake-man, each plaintiff filing a separate count in his own favor, the first being against Andrew Forsythe, for all of section 3, town 33 north, range 10, east of the third principal meridian, in Will county, and the other against James Kirk, for the east half of the south-east quarter of the same section. The defendants were tenants of Mrs. Eliza Wallace at th.e time, whose name became Forsythe by…
1Opinion of the CourtJustice Craig
It is contended, on behalf of the plaintiff, that the “ defendants having entered upon the possession of the plaintiff, they are not allowed in law to set up, in defence of suit to restore possession, a title in some third party, under whom they have no authority to act, and have none such till suit commenced, and even if they obtain it afterwards and before suit, it does not avail.”
In this connection it is urged that the court erred in refusing plaintiff's instruction Ho. 14,which was as follows:
“If the jury find, from the evidence, that the plaintiff was first in the actual possession of…
2Cases cited2 opinions
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Tilghman & West v. LittleIllinois Supreme Court · 1851
3Cited by24 opinions
- Corrigan v. City of ChicagoIllinois Supreme Court · 1893
- West Side Trust & Savings Bank v. LopotenIllinois Supreme Court · 1934
- Adams v. ShirkCourt of Appeals for the Seventh Circuit · 1902
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
- Anderson v. GrayIllinois Supreme Court · 1890
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