Pearson v. Herr
Illinois Supreme Court
Wbit of Eebob to the Circuit Court of Fulton county; the Hon. Chauncey L. Higbee, Judge, presiding. This was an action of forcible entry and detainer, brought by Abraham Herh against Thomas Pearson. The tract of land, upon which the wrongful entry is alleged to have been made, was woodland, unimproved and uninclosed.
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Wbit of Eebob to the Circuit Court of Fulton county; the Hon. Chauncey L. Higbee, Judge, presiding. This was an action of forcible entry and detainer, brought by Abraham Herh against Thomas Pearson. The tract of land, upon which the wrongful entry is alleged to have been made, was woodland, unimproved and uninclosed. On the trial, the plaintiff, against the objection of the defendant, was permitted to read in evidence a deed to him from one Henderson, for this woodland, and another tract. Tlte use to which the timber land was applied, will appear from the testimony of the plaintiff and…
1Opinion of the CourtChief Justice Breese
In the action of forcible entry and detainer, it is well settled the title to the premises is not involved, and the introduction of the deed to plaintiff, if for such purpose, was not allowable, but for the purpose of establishing the extent of his claim, it was admissible. Turney v. Chamberlain, 15 Ill. 273 ; Dill v. Hubbard, 21 ib. 328. In the last named case, this court said, also, the deed was admissible, to show the animus — the intention with which the party entered, in connection with the possession and improvements on the adjoining quarters. It seems the plaintiff had purchased two…
2Cases cited1 opinion
- Davis v. EasleyIllinois Supreme Court · 1851
3Cited by7 opinions
- Conaway v. GoreSupreme Court of Kansas · 1882
- Jamison v. GrahamIllinois Supreme Court · 1870
- Jenkins v. JeffreyWyoming Supreme Court · 1892
- Ragor v. McKayAppellate Court of Illinois · 1892
- St. Louis, Alton & Terre Haute Railroad v. NugentIllinois Supreme Court · 1894
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