Legal Opinion

Dunstedter v. Dunstedter

Illinois Supreme Court

Decided June 15, 1875PublishedCited by 8 opinions

Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was an action of forcible detainer, brought by John Dunstedter against Jacob Dunstedter, to recover a certain part of a lot, including a barn situated thereon, and the cause taken by appeal to the circuit court. On the trial of the appeal by the court, without a jury, judgment was rendered in favor of the defendant, from which the plaintiff appealed.

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Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was an action of forcible detainer, brought by John Dunstedter against Jacob Dunstedter, to recover a certain part of a lot, including a barn situated thereon, and the cause taken by appeal to the circuit court. On the trial of the appeal by the court, without a jury, judgment was rendered in favor of the defendant, from which the plaintiff appealed. The opinion of the court states the substance of the facts.

1Opinion of the CourtJustice Walker

In this case, appellee filed a complaint against appellant, for the detention of the possession of fifty feet on the south end of a town lot, and a barn situated thereon. On the trial below, it appeared that appellee was the owner of the ground on which the barn was situated: but each party claimed to be entitled to possession of that building.

It appears that the parties owned the premises in dispute as tenants in common, and, as early as in 1860, appellee sold and conveyed his undivided interest to appellant. The stable was built after this conveyance was made, but appellee claims that it…

2Cited by8 opinions

  1. Dargis v. Paradise Park, Inc.Appellate Court of Illinois · 2004
  2. Fitzgerald v. QuinnIllinois Supreme Court · 1896
  3. D. J. Bielzoff Products Co. v. James B. Beam Distilling Co.Appellate Court of Illinois · 1955
  4. Universal Vending Service Co. v. DeMeoAppellate Court of Illinois · 1923
  5. Thomasson v. WilsonAppellate Court of Illinois · 1892

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