Berghoefer v. Frazier

This was an action of ejectment, by appellant, against appellee, in the circuit court of St. Clair county, to recover a strip of land twenty-three feet wide at one end and running to a point at the other, claimed to be a part of survey No. 73 of the Common Fields, Cahokia. The cause was tried by the court without a jury, resulting in a finding that defendant was not guilty, and a judgment against the plaintiff for costs.

Plaintiff relies for reversal of the judgment upon two grounds. First, that the evidence shows that he and his immediate grantor of survey No. 73 were in the actual occupancy…