Legal Opinion

James v. Indianapolis & St. Louis Railroad

Illinois Supreme Court

Decided January 15, 1878PublishedCited by 20 opinions

Appeal from the Circuit Court of Coles county; the Hon. C. B. Smith, Judge, presiding. Ira James brought an action of ejectment against the Indianapolis and St. Louis Eailroad Company for the possession of “ all the land occupied by the defendant for a right of way across the north half of,the west half of the north-west quarter of section 22, township 12, range 7 east of the third principal meridian, being fifty feet on either side of the center of said railroad track,…

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Appeal from the Circuit Court of Coles county; the Hon. C. B. Smith, Judge, presiding. Ira James brought an action of ejectment against the Indianapolis and St. Louis Eailroad Company for the possession of “ all the land occupied by the defendant for a right of way across the north half of,the west half of the north-west quarter of section 22, township 12, range 7 east of the third principal meridian, being fifty feet on either side of the center of said railroad track, across said described land,” claiming title thereto in fee. The railroad company pleaded, first, not guilty; and secondly,…

1Opinion of the CourtJustice Scholfield

The evidence sufficiently shows that the possession of the railroad company is actual, visible and exclusive. It is not essential there should be proof that officers of the defendant made oral declaration of claim of title, but it is sufficient that the proof shows that the defendant has acted so as to clearly indicate that it did claim title. No mere words could more satisfactorily assert that the defendant claimed title, than its continued exercise of acts of ownership over the property for a period of more than twenty years does. Using and controlling property as owner is the ordinary mode…

2Cited by20 opinions

  1. Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
  2. Knight v. KnightIllinois Supreme Court · 1899
  3. Faloon v. SimshauserIllinois Supreme Court · 1889
  4. Illinois Railway Museum, Inc. v. SiegelAppellate Court of Illinois · 1971
  5. Augustus v. LydigIllinois Supreme Court · 1933

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