Legal Opinion

Mills v. Graves

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 15 opinions

Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of ejectment instituted in the court below by Royal A. B. Mills against Henry Graves, to recover that part of the N. E. quarter of Sec. 34, 39, N. R. 14, “ beginning at a point on Lake Michigan, on the north line of a strip of said quarter conveyed by Samuel Ellis and Lydia, his wife, to William Jones, by deed, dated 15th August, 1835, running thence west on the…

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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of ejectment instituted in the court below by Royal A. B. Mills against Henry Graves, to recover that part of the N. E. quarter of Sec. 34, 39, N. R. 14, “ beginning at a point on Lake Michigan, on the north line of a strip of said quarter conveyed by Samuel Ellis and Lydia, his wife, to William Jones, by deed, dated 15th August, 1835, running thence west on the said north line of said strip, to the west line of said quarter section; thence north on the west line of said quarter…

1Opinion of the CourtChief Justice Walker

This was an action of ejectment, for the recovery of a strip of land in the N. E. qr. of sec. 34, T. 39 N. R. 4 E. Both parties claim from Samuel Ellis as a common source of title. Plaintiff produced a regular connected chain of title to the premises in controversy. And a recovery was opposed upon the ground that Ellis and those claiming under him, were estopped by matter in pais from asserting title. The doctrine of estoppels in pads, at this day, ^eems to be that they are equitable and not legal, when they relate to real property. An estoppel is defined to be an impediment or bar to the…

2Cases cited2 opinions

  1. Wales v. BogueIllinois Supreme Court · 1863
  2. Cochran v. HarrowIllinois Supreme Court · 1859

3Cited by15 opinions

  1. Graham v. MimmsAppellate Court of Illinois · 1982
  2. Greer v. Carter Oil Co.Illinois Supreme Court · 1940
  3. Tate v. TateTennessee Supreme Court · 1912
  4. Hayes v. LivingstonMichigan Supreme Court · 1876
  5. Hanly v. WattersonWest Virginia Supreme Court · 1894

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