Dolton v. Cain
Supreme Court of the United States
Error to the Circuit Court for the Southern District of Illinois; the case being this: Certain statutes of limitation in Illinois,* declare in substance that whoever has resided on a tract of land for a term of seven successive years, prior to the commencement of an action of ejectment, “ having a connected title in law or equity deducible of record from the State or the United States,” can plead the possession in bar of suit to dispossess him.
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Error to the Circuit Court for the Southern District of Illinois; the case being this: Certain statutes of limitation in Illinois,* declare in substance that whoever has resided on a tract of land for a term of seven successive years, prior to the commencement of an action of ejectment, “ having a connected title in law or equity deducible of record from the State or the United States,” can plead the possession in bar of suit to dispossess him. These provisions of limitation being in force, Dolton sued Cain, A.D. 1865, in ejectment, to recover a piece of land in the State just named. The…
1Opinion of the CourtJustice Davis
The. limitation laws of Illinois relied on by the defendant, in substance, declare that whoever has resided on a tract of land for a period of seven successive years prior to the commencement of an action of ejectment, having a connected title in law or. equity deducible of record from the State or the United States, can plead the possession in bar of the suit.
It is objected' that the entire title of the defendant is not evidenced by acts of record, but this is hot necessary. If the source or foundation of the title is of record it is available to every person claiming a legal or equitable…
2Cases cited1 opinion
- Hawkins v. BealCourt of Appeals of Kentucky · 1836
3Cited by10 opinions
- Ryan v. RyanSupreme Court of Florida · 1973
- Insurance Co. of North America v. VentlingWyoming Supreme Court · 1989
- Roberson v. Downing Co.Supreme Court of Georgia · 1904
- Richards v. Bellingham Bay Land Co.Court of Appeals for the Ninth Circuit · 1893
- Southwestern Surety Ins. Co. v. DouglasSupreme Court of Oklahoma · 1921
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