McClellan v. Kellogg
Illinois Supreme Court
At the September term, 1853, of the Circuit Court of Peoria county, the plaintiff, McClellan, filed his declaration in ejectment against said defendant, Kellogg, for the W. half S. W. qr. of Sec. 36, T. 10 N., R. 5 E., in said Peoria county. On the 16th day of September, 1853, the defendant appeared and filed the general issue.
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At the September term, 1853, of the Circuit Court of Peoria county, the plaintiff, McClellan, filed his declaration in ejectment against said defendant, Kellogg, for the W. half S. W. qr. of Sec. 36, T. 10 N., R. 5 E., in said Peoria county. On the 16th day of September, 1853, the defendant appeared and filed the general issue. At the May term, 1854, of said court, the cause was tried by the court without the intervention of a jury, and judgment rendered in favor of defendant. By the bill of exceptions, it appeared that the plaintiff, to sustain the issue on his part, proved and read in…
1Opinion of the CourtScates, C. J.
I do not deem it important to refer to all the authorities, in addition to those already referred to in Woodward v. Blanchard, 16 Ill. R. 433, 434, which sustain the general principle asserted in that case, that claim and color of title, within the meaning of general statutes of limitation, is the same as fixed and used by the courts, as sufficient to support an adverse possession. That color may be given for title without a deed or writing at all, and commence in trespass ; and when founded upon a writing, it is not essential that it should show upon its face a prima facie title, but that it…
2Cases cited1 opinion
- Day v. CochranCourt of Appeals of Mississippi · 1852
3Cited by15 opinions
- Zirngibl v. Calumet & Chicago Canal & Dock Co.Illinois Supreme Court · 1894
- Chicago & Northwestern Railway Co. v. GaltIllinois Supreme Court · 1890
- Omaha & Republican Valley Railway Co. v. RickardsNebraska Supreme Court · 1894
- Hitt v. CarrIndiana Court of Appeals · 1915
- Horn v. MetzgerIllinois Supreme Court · 1908
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