DeWitt v. Bradbury
Illinois Supreme Court
Appeal from the Circuit Court of Brown county; the Hon. C. L. Hiebee, Judge, presiding. This is an action of ejectment, brought by appellee against appellant, at the March term, 1876, of the circuit court of Brown county, for the recovery of the south half of the south-east quarter of section 34, township 1 south of range 2 west of the fourth principal meridian.
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Appeal from the Circuit Court of Brown county; the Hon. C. L. Hiebee, Judge, presiding. This is an action of ejectment, brought by appellee against appellant, at the March term, 1876, of the circuit court of Brown county, for the recovery of the south half of the south-east quarter of section 34, township 1 south of range 2 west of the fourth principal meridian. Such proceedings were had that at the March term, 1877, a trial by the court was had (the defendant having interposed a plea of not guilty) and the issue was found for plaintiff, and that she was the owner of a life estate in the…
1Opinion of the CourtJustice Dickey
Appellant insists that plaintiff failed to show title, in this, that there is no proof that Benjamin F. DeWitt claimed title to the land in fee. This position is sought to be sustained on the ground that no witness has testified to having heard him say anything about claiming in fee, or how he claimed. This position is not tenable. Barker’s deed professes to convey an estate of inheritance. Immediately after its date Benjamin F. DeWitt took actual possession, and during his life treated it as his own absolute property, by occupying, cultivating and improving it, and before his death by his…
2Cited by2 opinions
- Frank v. PalmerAppellate Court of Illinois · 1896
- Vogler v. Chicago & Carterville Coal Co.Appellate Court of Illinois · 1915