Nickrans v. Wilk
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This was a bill filed on May 14, 1892, by the appellee to establish her title to certain land in Cook county under the “Burnt Records act.” She claimed to be the owner of all the premises in question by virtue of an alleged adverse possession thereof for more than twenty years.
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Appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This was a bill filed on May 14, 1892, by the appellee to establish her title to certain land in Cook county under the “Burnt Records act.” She claimed to be the owner of all the premises in question by virtue of an alleged adverse possession thereof for more than twenty years. Appellants were made defendants and answered, denying her ownership of all the lands, and claiming, that she was a tenant in common with them, and took possession and held the same as such tenant in common. The answers denied, that…
1Opinion of the CourtJustice Magruder
When appellee’s husband, Fred Dose, died in 1868, her possession at that time and up to the rendition of the partition decree of May 16, 1871, was not adverse, so far as the sister and brothers of her deceased husband were concerned. She owned an undivided one-half of the land and dower in the other half, and they owned an undivided half thereof, subject to her dower and homestead rights. She and they were tenants in common, and her possession was theirs and is presumed to have been for their benefit, until some act was done showing a contrary intent. “As a general proposition, the entry of…
2Cases cited8 opinions
- Wilson v. HoltSupreme Court of Alabama · 1887
- Florence v. . HopkinsNew York Court of Appeals · 1871
- Baily v. TrammellTexas Supreme Court · 1863
- Shaw v. SchoonoverIllinois Supreme Court · 1889
- Huntington v. MetzgerIllinois Supreme Court · 1895
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3Cited by7 opinions
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- McCampbell v. Warrich Corp.Court of Appeals for the Seventh Circuit · 1940
- Lambert v. HemlerIllinois Supreme Court · 1910
- Zimmerman v. KennedyIllinois Supreme Court · 1950
- Cassell v. JosephIllinois Supreme Court · 1900
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