Kesler v. Penninger
Illinois Supreme Court
Writ of Error to the Circuit Court of Union county; the Hon. John H. Mtjlkey, Judge, presiding. This was an action of ejectment, brought by William Penninger against Margaret Kesler and ,others, to recover the possession of certain premises, of which the plaintiff claimed to be the owner in fee. A trial by jury resulted in a verdict and judgment for the plaintiff. The defendants bring the record to this court.
1Opinion of the CourtJustice Walker
This was an action of ejectment, commenced by Penninger against plaintiffs in error. It is not disputed that John Kesler owned the land in fee at the time of his death. He, by will, devised the land in controversy to his wife during her natural life, and at her death, to his grand daughter, Susan Clementine Penninger, in fee. Her marriage with plaintiff below was proved, also her death, leaving a child, the fruits of the marriage, surviving her. The death of the child was also proved, and that the widow of testator had died. And plaintiff below now claims to own the land in fee as the heir…
2Cases cited1 opinion
- Peak v. ShastedIllinois Supreme Court · 1859
3Cited by3 opinions
- Millard v. MarmonIllinois Supreme Court · 1886
- Bellchambers v. EbelingAppellate Court of Illinois · 1938
- Ridenour v. JohnsAppellate Court of Illinois · 1930