Rigor v. Frye
Illinois Supreme Court
Appeal from the Circuit Court of Brown County • the Hon. C. L. Higbee, Judge, presiding. This was an action of ejectment for the recovery of a tract of land in Brown County. After the defendant below had closed his case, the court, on motion, excluded from the jury all the oral evidence of defendant’s possession and payment of taxes, to which defendant excepted.
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Appeal from the Circuit Court of Brown County • the Hon. C. L. Higbee, Judge, presiding. This was an action of ejectment for the recovery of a tract of land in Brown County. After the defendant below had closed his case, the court, on motion, excluded from the jury all the oral evidence of defendant’s possession and payment of taxes, to which defendant excepted. The court instructed the jury that the plaintiff below had made out a legal title to the premises, and that the defendant had failed to show any claim and color of title, as required by the statute, and that they should find for the…
1Opinion of the CourtJustice Scott
It is admitted, by a stipulation in the record, that the appellees have shown a prima facie title to the premises in controversy sufficient to authorize a judgment in their favor, unless the appellant, by his proof, has brought himself within the protection of the eighth section chapter twenty-four R. S. 1845.
The single inquiry involved in the case is, whether a bond for a deed upon condition of a compliance with its terms in futuro will constitute “ claim and color of title ” within the meaning of that section of the conveyance act.
It is not controverted that the appellant was in possession…
2Cases cited5 opinions
- Dickenson v. BreedenIllinois Supreme Court · 1863
- Bride v. WattIllinois Supreme Court · 1860
- Spellman v. CurteniusIllinois Supreme Court · 1851
- Huls v. BuntinIllinois Supreme Court · 1868
- Morrison v. NormanIllinois Supreme Court · 1868
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- Teaver v. AkinSupreme Court of Arkansas · 1886
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