Williams v. Ballance
Illinois Supreme Court
The appellant brought his action of ejectment to the November term of the Circuit Court of Peoria county, A. D. 1858. The declaration is in the usual form, and is for the recovery of part of the south-west fractional quarter of section nine, in township eight north, range eight east of the 4th principal meridian, and known on the plat and survey of the village of Peoria, as approved by the surveyor general for the States of Illinois and Missouri, on the 1st day of September,…
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The appellant brought his action of ejectment to the November term of the Circuit Court of Peoria county, A. D. 1858. The declaration is in the usual form, and is for the recovery of part of the south-west fractional quarter of section nine, in township eight north, range eight east of the 4th principal meridian, and known on the plat and survey of the village of Peoria, as approved by the surveyor general for the States of Illinois and Missouri, on the 1st day of September, A. D. 1840, as claim number fifty-nine, in said village of Peoria—the title to which plaintiff claims in fee.…
1Opinion of the CourtCaton, C. J.
That the patent to Ballance was a sufficient title to satisfy the requirement of the statute of limitations of 1835, we have already decided in the case of Lender v. Kidder, ante, p. 49, and the only remaining question is, whether the defendant had the possession required by the statute under this title. The patent is for the South-West fractional quarter of Section nine, in Town eight North, of Range eight East of the third meridian, and was issued in January, 1838. As early as 1832, Ballance made a claim to this fraction, and commenced making improvements, but resided on an adjoining…
2Cited by3 opinions
- Riggs v. GirardIllinois Supreme Court · 1890
- Hassett v. RidgelyIllinois Supreme Court · 1868
- Wharton v. BuntingIllinois Supreme Court · 1874