Downen v. Rayburn
Illinois Supreme Court
Appeal from the Circuit Court of McDonough county; the Hon. John A. Gray, Judge, presiding. This is an action of ejectment, brought by the appellant against appellee in the circuit court of McDonough county to the September term, 1904, thereof, to recover the possession of a certain lot in the village of Industry in that county. The plea of general issue was filed. Jury was waived by agreement, and the cause was tried before the court without a jury.
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Appeal from the Circuit Court of McDonough county; the Hon. John A. Gray, Judge, presiding. This is an action of ejectment, brought by the appellant against appellee in the circuit court of McDonough county to the September term, 1904, thereof, to recover the possession of a certain lot in the village of Industry in that county. The plea of general issue was filed. Jury was waived by agreement, and the cause was tried before the court without a jury. The issues were found by the court in favor of the defendant, and judgment was rendered against the plaintiff for costs. The present appeal is…
1Opinion of the CourtJustice Magruder
The contention of the appellant in this case is, that the title to the lot in controversy reverted to the appellant, as the heir of William R. Downen, when said lot ceased to be used as a church location, and when the church building thereon erected, and used for church purposes for a number of years, was removed therefrom by the appellee, as grantee of the trustees of the church.
The contention of the appellant is based upon the use of two expressions in the deed from William R. Downen to the original trustees of the Industry Congregation of the Cumberland Presbyterian Church. Those two…
2Cases cited5 opinions
- Hutchinson v. UlrichIllinois Supreme Court · 1893
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- Star Brewery Co. v. PrimasIllinois Supreme Court · 1896
- Kew v. TrainorIllinois Supreme Court · 1894
- Board of Education v. Trustees of First Baptist Church of NormalIllinois Supreme Court · 1872
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