Legal Opinion

Advance Elevator & Warehouse Co. v. Eddy

Appellate Court of Illinois

Decided June 7, 1887PublishedCited by 3 opinions

Appeal from the City Court of East St. Louis; the Hon. William P. Launtz, Judge, presiding. This was an action on the case originally commenced by the appellee jointly with one William Eddy.

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Appeal from the City Court of East St. Louis; the Hon. William P. Launtz, Judge, presiding. This was an action on the case originally commenced by the appellee jointly with one William Eddy. The declaration is substantially as follows: The plaintiffs on the 1st day of December, 1881, were the owners in fee simple and occupiers of lot Ho. 6 of block 1 of the Ferry Division of the City of East St. Louis, having a frontage of thirty feet on Front Street in said City of East St. Louis, and a depth of 110 feet to a forty-foot alley occupied with large frame building occupied and used as a saloon…

1Opinion of the CourtPillsbury, J.

A person in the peaceable possession of real estate may maintain an action to recover damages for an injury to such possession. Such possession is also sufficient evidence of ownership to permit proof to go to the jury of any permanent injury to the inheritance, but when the fee is shown to be in another than the plaintiff, then he will be limited in his recovery to injuries to his possession and possessory rights.

The deed from the appellee to William Eddy conveyed the fee of the premises to the grantee therein and for any injury to the inheritance the right of action vests in him alone.…

2Cases cited3 opinions

  1. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  2. Chicago & Western Indiana Railroad v. AyresIllinois Supreme Court · 1883
  3. Guest v. ReynoldsIllinois Supreme Court · 1873

3Cited by3 opinions

  1. Indiana Pipe Line Co. v. ChristensenIndiana Supreme Court · 1919
  2. Thomas v. Ohio Coal Co.Appellate Court of Illinois · 1916
  3. Lawless v. PierceAppellate Court of Illinois · 1983

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