Blackaby v. Blackaby
Illinois Supreme Court
Writ of Error to the Circuit Court of Fulton county; the Hon. John A. Gray, Judge, presiding. This was a bill in chancery filed by the defendants in error, as the widow and devisees of Inmon Blackaby, deceased, against John Blackaby, plaintiff in error, for the partition of certain premises and for an accounting of the rents, issues and profits therefrom.
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Writ of Error to the Circuit Court of Fulton county; the Hon. John A. Gray, Judge, presiding. This was a bill in chancery filed by the defendants in error, as the widow and devisees of Inmon Blackaby, deceased, against John Blackaby, plaintiff in error, for the partition of certain premises and for an accounting of the rents, issues and profits therefrom. In 1863 Inmon Blackaby, Robert Blackaby and John Blackaby, brothers, became the owners, by purchase, of one hundred and sixty acres of land in Fulton county, as tenants in common. At that time John Blackaby went into possession of the…
1Opinion of the CourtJustice Wilkin
The chief contention of plaintiff in error is, that he acquired title to the whole of the premises in question, by more than twenty years’ open, exclusive, continuous and adverse possession of the same, under the twenty year statute of limitations. It is admitted that he has been in the actual, open possession of the land from the date of the original purchase by himself and brothers, but it is denied that his possession has been adverse to his co-tenant, Inmon Blackaby, so as to bar him, and those claiming under him, of their rights in the premises.
In the case of McMahill v. Torrence, 163…
2Cases cited1 opinion
- McMahill v. TorrenceIllinois Supreme Court · 1896
3Cited by4 opinions
- Blackaby v. BlackabyIllinois Supreme Court · 1901
- Walter v. WalterNebraska Supreme Court · 1928
- Noble v. TiptonIllinois Supreme Court · 1906
- Sanche v. MahlerIllinois Supreme Court · 1905