Clayton v. Feig
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. This is an appeal from a judgment in ejectment, rendered by the circuit court of St. Clair county in favor of appellee, against appellant.
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Appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. This is an appeal from a judgment in ejectment, rendered by the circuit court of St. Clair county in favor of appellee, against appellant. The premises claimed by plaintiff are described in his declaration as a strip of land on the north side of lot 12, section 3, township 2, north, range 8, west, 32.34 chains long, forty-four feet wide at the east end and seven feet wide at the west end. He ow;ns the south and the defendant a part of the north part of the south half of the north-west quarter of…
1Opinion of the CourtJustice Wilkin
It is first insisted that the plaintiff below failed to show title in himself. He bases his claim to the land, first, upon the assumption that by the partition proceeding Elizabeth Bevirt became the owner of 43.52 acres off of the south side of the tract, and that by mesne conveyances from her he now owns the same. This claim ignores the fact that there proved to be a shortage in the whole tract, and if upheld would result in placing the entire loss of 8.14 acres upon the north lot. This, upon the plainest principles of justice, the law will not tolerate, but will apportion that loss between…
2Cases cited3 opinions
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Nelson v. DavidsonIllinois Supreme Court · 1895
- Francois v. MaloneyIllinois Supreme Court · 1870
3Cited by23 opinions
- Nitterauer v. PulleyIllinois Supreme Court · 1948
- Deidrich v. SimmonsSupreme Court of Arkansas · 1905
- Cienki v. RusnakIllinois Supreme Court · 1947
- Garvin v. ThrelkeldCourt of Appeals of Kentucky · 1917
- Kitchen v. ChantlandSupreme Court of Iowa · 1905
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