Shaw v. Smithes
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding. This was .a bill for partition, filed in the circuit court of Peoria county by Henry Smithes and others, alleging that one James Smithes died intestate on or about December 28, 1891, and that he was at that time the owner and in possession, with title in fee simple, of the east half of the north-west quarter of section 27, in Akron township, in said Peoria county; that he left no widow or…
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Appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding. This was .a bill for partition, filed in the circuit court of Peoria county by Henry Smithes and others, alleging that one James Smithes died intestate on or about December 28, 1891, and that he was at that time the owner and in possession, with title in fee simple, of the east half of the north-west quarter of section 27, in Akron township, in said Peoria county; that he left no widow or descendants, and that complainants and defendants are all the heirs of Smithes capable of inheriting from him, among…
1Opinion of the CourtJustice Carter
The only question in this case is, whether James Smithes had adverse possession of the eighty acres in controversy for the statutory period of limitation. There is no controversy as to his actual possession by tenants, but the claim is made that such possession was under Shaw, and not in assertion of an adverse title.
Thomas Shaw bought the whole quarter, part of which is now in dispute, in 1855, and receipts for the taxes paid on it in his name are in the record for the years 1855,1856 and 1857; then there is no evidence as to who paid the taxes for 1859 or 1860, but receipts for the taxes…
2Cases cited2 opinions
- Weber v. AndersonIllinois Supreme Court · 1874
- James v. Indianapolis & St. Louis RailroadIllinois Supreme Court · 1878
3Cited by6 opinions
- Knight v. KnightIllinois Supreme Court · 1899
- Schiller v. KucabaAppellate Court of Illinois · 1964
- McClellan v. KingAppellate Court of Illinois · 1971
- Hill v. Coal Talley Mining Co.Appellate Court of Illinois · 1902
- Guinzy v. KratzAppellate Court of Illinois · 1975
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