Thompson v. Prince
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action of ejectment, commenced March 17, 1871, by Edward Prince, against Josiah Thompson, the appellant, for the recovery in fee of the west half of sec. 34, in township 3 south, range 8 west, in Adams county. A trial was had resulting in a judgment in favor of the plaintiff, from which the defendant appealed.
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Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action of ejectment, commenced March 17, 1871, by Edward Prince, against Josiah Thompson, the appellant, for the recovery in fee of the west half of sec. 34, in township 3 south, range 8 west, in Adams county. A trial was had resulting in a judgment in favor of the plaintiff, from which the defendant appealed. The facts relating to the title are stated in the opinion of the court.
1Opinion of the CourtJustice Scott
The certificate of entry and patent granted in pursuance thereof, which were offered in evidence, constitute proof of paramount title in appellee to the land in controversy, if the government could rightfully sell it to him. On the trial, appellant, against the objection of appellee, proved the land had been listed for taxes in 1857, and not being paid, it was sold at the tax sale in 1858, for non-payment thereof. He also gave in evidence tax deeds, regular in form, issued to him in pursuance of the sale, and proved he had been in the actual possession; and paid all taxes thereon, since 1859.
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2Cases cited1 opinion
- Grantham v. AtkinsIllinois Supreme Court · 1872
3Cited by6 opinions
- Wright v. RoseberrySupreme Court of the United States · 1887
- State v. Portsmouth Savings BankIndiana Supreme Court · 1886
- Wabash, St. Louis & Pacific Railway Co. v. McDougalIllinois Supreme Court · 1885
- McGannon v. StraightlegeSupreme Court of Kansas · 1884
- Keller v. BrickeyIllinois Supreme Court · 1875
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