Travers v. McElvain
Illinois Supreme Court
Appeal from the Circuit Court of Hamilton county; the Hon. P. A. Pearce, Judge, presiding. This is an action of ejectment, originally brought on April 11,1896, by the appellant against the appellee and John M. Gibson and Charles M. Morris for the recovery of 160 acres of land, described as the north-west quarter of section 3, township 7, in Hamilton county. On September 29, 1896, a plea of the general issue was filed.
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Appeal from the Circuit Court of Hamilton county; the Hon. P. A. Pearce, Judge, presiding. This is an action of ejectment, originally brought on April 11,1896, by the appellant against the appellee and John M. Gibson and Charles M. Morris for the recovery of 160 acres of land, described as the north-west quarter of section 3, township 7, in Hamilton county. On September 29, 1896, a plea of the general issue was filed. A verified plea was also filed by the appellee, denying possession of the south-west quarter of said north-west quarter. Gibson and Morris were in possession of the south-west…
1Opinion of the CourtJustice Magruder
In this action the appellant does not seek to recover as owner of the paramount title, but claims to have acquired title under section 7 of the Limitation law, which was section 2 of the act of 1839. (2 Starr & Cur. Ann. Stat. 1547).
It is the doctrine of this court, that, where a plaintiff in an action of ejectment relies for his right of recovery upon section 7 of the present Limitation act of this State, he must not only prove that he had color of title, and that he paid taxes for seven successive years upon the premises while they were vacant and unoccupied, but he must also prove, that,…
2Cases cited9 opinions
- Gage v. HamptonIllinois Supreme Court · 1889
- Childress v. CallowaySupreme Court of Alabama · 1884
- Truesdale v. FordIllinois Supreme Court · 1865
- Drake v. OgdenIllinois Supreme Court · 1889
- Hurlbut v. BradfordIllinois Supreme Court · 1884
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3Cited by15 opinions
- Estate of Welliver v. AlbertsAppellate Court of Illinois · 1996
- Pickens v. AdamsIllinois Supreme Court · 1955
- Roderick v. McMeekinIllinois Supreme Court · 1903
- Illinois Central Railroad v. HasenwinkleIllinois Supreme Court · 1908
- Davis v. HainesIllinois Supreme Court · 1932
10 more not listed; retrieve them via the Exa API.