Legal Opinion

Frank v. Palmer

Appellate Court of Illinois

Decided May 16, 1896PublishedCited by 2 opinions

Forcible Detainer.—Appeal from the Circuit Court of DeWitt County; the Hon. CYRUS Epler, Judge, presiding. Heard in this court at the November term, 1895.

1Opinion of the Court

Mr.. Justice Wall

delivered the opinion oe the Court.

This is an appeal from a judgment for defendant in an action, of forcible detainer, brought under the third clause of Sec. 2, Ch. 57, which provides that the person entitled to possession may be restored thereto when entry is made into vacant or unoccupied lands or tenements without right or title. The ownership of land carries with it the right to possession and the only question here is whether the appellant made sufficient prima facie proof of ownership. It was proved that one Madden was in possession of a tract of which this is a part…

2Cases cited4 opinions

  1. Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
  2. Farwell v. RogersMassachusetts Supreme Judicial Court · 1868
  3. Keith v. KeithIllinois Supreme Court · 1882
  4. DeWitt v. BradburyIllinois Supreme Court · 1880

3Cited by2 opinions

  1. Chicago Housing Authority v. CooperAppellate Court of Illinois · 1958
  2. Palmer v. FrankAppellate Court of Illinois · 1887

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