Legal Opinion

Fell v. Cessford

Illinois Supreme Court

Decided April 15, 1861PublishedCited by 2 opinions

This is an action of ejectment, commenced by Kersey H. Fell, against William Cessford, on the third day of February, 1860, in the McLean Circuit Court, to recover possession of lot eight in block eight, in Allin, Gridlev and Priekett’s Addition to Bloomington. In January, 1861, the cause came on for trial, and was by agreement tried by the court without the intervention of a jury.

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This is an action of ejectment, commenced by Kersey H. Fell, against William Cessford, on the third day of February, 1860, in the McLean Circuit Court, to recover possession of lot eight in block eight, in Allin, Gridlev and Priekett’s Addition to Bloomington. In January, 1861, the cause came on for trial, and was by agreement tried by the court without the intervention of a jury. The bill of exceptions shows that on the trial of the cause, appellant offered and read in evidence, without objection: 1. The certificate of the register of the land office, proving entry of the north half of the…

1Opinion of the CourtBreese, J.

We propose to examine but one of the points made in the case, and that is, did color of title and payment of taxes for seven successive years, concur in the appellee, who was defendant below.

The appellant made out a clear legal title to the premises, through conveyances from the original patentee of the land, of which the lot in question was a part.

The defendant exhibited a deed from the sheriff of McLean county, to James Allin, dated in September, 1843, based on a sale for taxes on the 10th May, 1841—a quit claim deed from Allin to James Allin, Jr., dated Feb. 11, 1852, releasing to him all…

2Cases cited1 opinion

  1. Richards v. Michigan Southern & Northern Indiana RailroadIllinois Supreme Court · 1858

3Cited by2 opinions

  1. Hale v. GladfelderIllinois Supreme Court · 1869
  2. Rawson v. FoxIllinois Supreme Court · 1872

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