Nichols v. Mitchell
Illinois Supreme Court
Appeal from the Circuit Court of Whiteside county; the Hon. William W. Heatost, Judge, presiding. This was an action of ejectment, by Leonard J. Nichols by his next friend, Charles C. Nichols, against Charles Mitchell, for the recovery of the northeast quarter of section 13, township 21 north, range 5 east, in Whiteside county, Illinois. The cause was tried by the court without a jury, who found for the defendant.
1Opinion of the CourtJustice Scott
Both parties claim title to the premises in controversy through a common source, and each claims to own the title that was in Norton J. Nichols, now deceased.
Appellant was one of the heirs, and has exhibited quitclaim deeds from the other heirs to himself, so that his title is perfect, unless it has been divested by the proceedings in partition, and the sale made by the guardian of Charles C. Nichols. It is claimed the lands were assigned, among others, to Charles C. Nichols in the division of his father’s estate, and afterwards this tract was sold by his guardian under a decree of court.…
2Cases cited3 opinions
- Goudy v. HallIllinois Supreme Court · 1865
- Hofferbert v. KlinkhardtIllinois Supreme Court · 1871
- Cost v. RoseIllinois Supreme Court · 1855
3Cited by4 opinions
- Field v. LeiterIllinois Supreme Court · 1886
- In Re CashIllinois Supreme Court · 1943
- People v. McLainAppellate Court of Illinois · 1878
- Stein v. MeyersIllinois Supreme Court · 1911