Patterson v. Hubbard
Illinois Supreme Court
This was an action in ejectment at the September term, 1861, of the Fulton Circuit Court, by appellees, Ebenezer Hubbard, Anthony "VanDoon. and Betsy VanDoon his wife, Luther Field, and Sarah Field his wife, Samuel A. Benton, and Eliza A. Benton his wife, William Nutting, Jr., Charles Nutting, Rufus Nutting, George B. Nutting, David H. Nutting, and Mary 0. Nutting, as plaintiffs, against Joel Patterson and John Patterson, appellants, but defendants below, for the north-east…
Read the full summary
This was an action in ejectment at the September term, 1861, of the Fulton Circuit Court, by appellees, Ebenezer Hubbard, Anthony "VanDoon. and Betsy VanDoon his wife, Luther Field, and Sarah Field his wife, Samuel A. Benton, and Eliza A. Benton his wife, William Nutting, Jr., Charles Nutting, Rufus Nutting, George B. Nutting, David H. Nutting, and Mary 0. Nutting, as plaintiffs, against Joel Patterson and John Patterson, appellants, but defendants below, for the north-east quarter Section 20, Township 6 north, Range 2 east. The declaration, which contains but one count, and that claiming the…
1Opinion of the CourtCaton, C. J.
This was an action of ejectment, and the plaintiff relies on possession, under claim and color of title, with payment of taxes for seven years. We think the plaintiff failed in making out possession to the premises in question, either actual or constructive, under his claim of title. To show possession, he relies upon the testimony of Mr. Baughman, who states that he- owned an adjoining lot, which he inclosed in March, 1850, and by mistake extended his fence over so as to include in his inclosure a strip of this quarter, four rods long and one rod wide. Afterwards—and we may assume after the…
2Cited by2 opinions
- Hartford Fire Insurance v. VanduzorIllinois Supreme Court · 1869
- Koon v. NicholsIllinois Supreme Court · 1872