Shaw v. Schoonover
Illinois Supreme Court
Appeal from the Circuit Court of Fulton county; the Hon. John C. Bagby, Judge, presiding. Possession, to defeat the legal title, must he hostile, and continue uninterruptedly for twenty years. Bolden v. Sherman, 101 Ill. 483. While color of title is not necessary, still such possession is not sufficient unless accompanied by a claim of ownership.
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Appeal from the Circuit Court of Fulton county; the Hon. John C. Bagby, Judge, presiding. Possession, to defeat the legal title, must he hostile, and continue uninterruptedly for twenty years. Bolden v. Sherman, 101 Ill. 483. While color of title is not necessary, still such possession is not sufficient unless accompanied by a claim of ownership. Weber v. Anderson, 73 Ill. 439; Kerr v. Hitt, 75 id. 57. The first and only witness put on the stand by the complainant in the cross-bill, to prove the alleged agreement of gift, was Jacob Schoonover, the husband of complainant, to the testimony of…
1Opinion of the CourtJustice Magruder
Robert Shaw died intestate in Fulton County on February 8, 1888, seized in fee of about 360 acres of land in that county, and leaving, as his heirs at law, eleven children, six sons and; five daughters. This is a bill filed, on July 3, 1888, in the Circuit Court of Fulton county, for the partition of said lands, by five of the children, of whom the appellant Henry Shaw is. one, against the widow of the deceased, and six of the children, of whom the appellee, Mary Ann Schoonover, is one, and also against Jacob Schoonover, the husband of appellee-Default was taken against all of the defendants,…
2Cases cited7 opinions
- Treleaven v. DixonIllinois Supreme Court · 1886
- Kerr v. HittIllinois Supreme Court · 1874
- Weber v. AndersonIllinois Supreme Court · 1874
- Turney v. ChamberlainIllinois Supreme Court · 1853
- Woods v. EvansIllinois Supreme Court · 1885
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3Cited by13 opinions
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- Bald v. NuernbergerIllinois Supreme Court · 1915
- Sloniger v. SlonigerIllinois Supreme Court · 1896
- Clark v. ClarkUtah Supreme Court · 1929
8 more not listed; retrieve them via the Exa API.