Carpenter v. Fletcher
Illinois Supreme Court
Writ op Error to the Circuit Court of Mason county; the Hon. Harry HiGBpp, Judge, presiding. This is a writ of error to review a decree of the circuit court in a partition suit in which defendants in error were complainants.
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Writ op Error to the Circuit Court of Mason county; the Hon. Harry HiGBpp, Judge, presiding. This is a writ of error to review a decree of the circuit court in a partition suit in which defendants in error were complainants. The lands consist of two eighty-acre tracts adjoining- each other which have been in cultivation many years, the one hundred and sixty acres forming a square; also a forty-acre tract of timber land lying some distance from the one hundred and sixty acres. Prior to August 31, 1893, said lands were owned by Edward S. and Francis J. Fletcher, brothers of the full blood, in…
1Opinion of the CourtJustice Farmer
If the decision of this case depended upon whether the partition of 1897 and the subsequent acts of the parties to that suit toward the land in controversy amounted to an ouster or disseizin of defendants in error, which is affirmed by plaintiffs in error and denied by defendants in error, the question would have to be decided in favor of the former. The rule is well settled that the mere possession by one tenant in common who receives all the rents and profits and pays the taxes assessed against the property, no matter for how long a period, cannot be set up as a bar against the co-tenants.…
2Cases cited9 opinions
- Lightcap v. BradleyIllinois Supreme Court · 1900
- Burton v. PerryIllinois Supreme Court · 1893
- Busch v. HustonIllinois Supreme Court · 1874
- Elston v. KennicottIllinois Supreme Court · 1867
- McMahill v. TorrenceIllinois Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hardin v. CouncilSupreme Court of Georgia · 1946
- Peabody v. BurriIllinois Supreme Court · 1912
- Long v. MorrisonIllinois Supreme Court · 1911
- Craig v. CoxIllinois Supreme Court · 1912
- Hinds v. SurbeckIllinois Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.