Winstanley v. Meacham
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of ejectment brought by William Meacham, in the Circuit Court of St. Clair county, against Thomas Winstanley, for the undivided fourth of the E. J S. E. qr. sec. 28, town 2, north range 9 west. The case was tried by the court by consent of parties. Plaintiff claimed title as one of the heirs of Berry Meacham, deceased.
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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of ejectment brought by William Meacham, in the Circuit Court of St. Clair county, against Thomas Winstanley, for the undivided fourth of the E. J S. E. qr. sec. 28, town 2, north range 9 west. The case was tried by the court by consent of parties. Plaintiff claimed title as one of the heirs of Berry Meacham, deceased. Evidence of heir-ship was introduced, and a patent from the United States government to Berry Meacham, from whom plaintiff claimed to inherit his interest in the…
1Opinion of the CourtJustice Scott
The .appellee has filed no brief in this case, and under the recent rules, this judgment for that reason alone could have been reversed. We do not propose to discuss the case at any length on its merits. There is, however, manifest error in the record for which the judgment will have to be reversed.
The appellee, in his declaration, claims an undivided one-fourth interest in the premises in controversy in fee simple. This was a material averment, and it was necessary for the appellee to prove it as alleged. A party can not claim in his declaration in ejectment an entire estate, and recover on…
2Cases cited5 opinions
- Dickenson v. BreedenIllinois Supreme Court · 1863
- Stephenson v. ThompsonIllinois Supreme Court · 1851
- Rupert v. MarkIllinois Supreme Court · 1854
- Ballance v. RankinIllinois Supreme Court · 1851
- Holloway v. ClarkIllinois Supreme Court · 1861
3Cited by4 opinions
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- Horne v. Carter's AdministratorsSupreme Court of Florida · 1883
- Lake Shore & Michigan Southern Ry. Co. v. Pittsburg, Ft. Wayne & Chicago Ry. Co.Illinois Supreme Court · 1873
- Zeman v. North American UnionAppellate Court of Illinois · 1913