Illinois Central Railroad v. O'Connor
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas P. Tipton, Judge, presiding. Appellee brought his action in ejectment in the court below, against appellant, to recover possession of a piece of land in McLean county which he claimed in fee, described in his declaration as “beginning at a point fifty feet west of the center of the Illinois Central Railroad Company’s track; thence west fifty feet; thence south forty rods, to the south line of the south-west…
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Appeal from the Circuit Court of McLean county; the Hon. Thomas P. Tipton, Judge, presiding. Appellee brought his action in ejectment in the court below, against appellant, to recover possession of a piece of land in McLean county which he claimed in fee, described in his declaration as “beginning at a point fifty feet west of the center of the Illinois Central Railroad Company’s track; thence west fifty feet; thence south forty rods, to the south line of the south-west quarter of section 15, in township 23,'range 1, east; thence east fifty feet; thence north to the point of beginning.” A…
1Opinion of the Court
Wilkin, C. J.:
That the plaintiff below has a perfect title to the fee of the premises in controversy is admitted by the stipulation of facts. All that the defendant claims is, that he held that title subject to an easement in it for right of way for its railroad. The first question suggested upon a consideration of the facts agreed upon by the parties is, has the defendant shown any title whatever to such an easement over this land? Its deed from Harbord did not, by its description, state out of what part of the tract the two hundred feet for right of way should be taken, nor did it convey,…
2Cases cited3 opinions
- Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
- City of Galveston v. WilliamsTexas Supreme Court · 1888
- Yeakle v. NaceSupreme Court of Pennsylvania · 1837
3Cited by14 opinions
- Brunotte v. DewittIllinois Supreme Court · 1935
- Walker v. Illinois Central RailroadIllinois Supreme Court · 1905
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. StickleyIndiana Supreme Court · 1900
- Matthews v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1896
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