Morrison v. Kelly
Illinois Supreme Court
The plaintiff in error brought this action of ejectment to the Circuit Court of La Salle county. The declaration is in the usual form, and is for the recovery of the undivided one-half of a tract of land, of which the boundary line, beginning at the S. W. corner of the S. E. quarter section of section 6, in town 33 North, range 4 East of the 3rd principal meridian, runs thence east, along the south line of said section six, 15 chains; thence north, parallel with the east…
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The plaintiff in error brought this action of ejectment to the Circuit Court of La Salle county. The declaration is in the usual form, and is for the recovery of the undivided one-half of a tract of land, of which the boundary line, beginning at the S. W. corner of the S. E. quarter section of section 6, in town 33 North, range 4 East of the 3rd principal meridian, runs thence east, along the south line of said section six, 15 chains; thence north, parallel with the east line of said section six, to the south line of the Fox Eiver Feeder; thence westerly, along the south line of said Feeder,…
1Opinion of the CourtWalker, J.
It is urged that the appointment of plaintiff, as trustee, to fill the place after the death of Aaron Beed, was irregular because the heirs of Beed were not made parties to the application. And that by the death of the trustee, his heirs became invested with the legal title, and as they were not parties to that proceeding they are still the owners of the legal title, and the plaintiff, by his appointment; took no interest. The deed purports to convey the property to Aaron Beed, and to his heirs and assigns, and then declares the trust, and creates the power of the trustee over the estate. Had…
2Cited by26 opinions
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- Marengo Cave Co. v. RossIndiana Supreme Court · 1937
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