Legal Opinion

Johns v. McKibben

Illinois Supreme Court

Decided April 2, 1895PublishedCited by 8 opinions

Appeal from the Circuit Court of Wayne county; the Hon. S. Z. Landes, Judge, presiding. This was ejectment, in the circuit court of Wayne county, by appellants, against appellee, to recover the possession of the north half of the south-east quarter of section 2, township 3, south, range 9, east, in said county. The realty in dispute was originally swamp land.

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Appeal from the Circuit Court of Wayne county; the Hon. S. Z. Landes, Judge, presiding. This was ejectment, in the circuit court of Wayne county, by appellants, against appellee, to recover the possession of the north half of the south-east quarter of section 2, township 3, south, range 9, east, in said county. The realty in dispute was originally swamp land. The plaintiffs claimed to be the owners in fee simple, and by stipulation of the parties it was shown that under the acts of Congress of September, 1850, authorizing certain States to re-claim swamp and overflowed lands within their…

1Opinion of the CourtJustice Phillips

This action was brought to the October term, 1893, of the Wayne circuit court, and it was shown, and in effect conceded, upon the trial, that the plaintiffs in ejectment were the owners of the connected chain of title, and, unless barred by limitation, entitled to recover the land. The defendant, to maintain the issues on his part, introduced in evidence a quit-claim deed from James Mahon, dated January 18, 1886, recorded January 23, 1886, purporting to convey to defendant the entire south-east quarter of section 2, township 3, south, range 9, east, in Wayne county. That said deed under which…

2Cases cited3 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Kerr v. HittIllinois Supreme Court · 1874
  3. Brooks v. BruynIllinois Supreme Court · 1857

3Cited by8 opinions

  1. People Ex Rel. Smith v. WoodsIllinois Supreme Court · 1933
  2. Guaranty Title & Trust Corp. v. United StatesSupreme Court of the United States · 1924
  3. Moritz v. NicholsonMississippi Supreme Court · 1926
  4. Rundel v. Boone CountySupreme Court of Iowa · 1927
  5. McClelland v. Estate of GorrellAppellate Court of Illinois · 1945

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