Legal Opinion

Ross v. Coat

Illinois Supreme Court

Decided January 15, 1871PublishedCited by 3 opinions

Writ of Error to the Circuit Court of Mason county; the Hon. Charles Turner, Judge, presiding. This was an action of ejectment brought by Lewis W. Eoss, in the Mason Circuit Court, against Levi Coat, to recover lot one in block ten, in the town of Havana, in this State; the declaration was in the usual form, and the general issue was pleaded.

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Writ of Error to the Circuit Court of Mason county; the Hon. Charles Turner, Judge, presiding. This was an action of ejectment brought by Lewis W. Eoss, in the Mason Circuit Court, against Levi Coat, to recover lot one in block ten, in the town of Havana, in this State; the declaration was in the usual form, and the general issue was pleaded. A trial was had by the court, a jury having been waived by the parties, when the court found the issue for the defendant, and, after overruling a motion for a new trial, rendered judgment for the defendant. The case is brought to this court on error.

1Opinion of the CourtJustice Scott

The plaintiff in error has established a title in fee simple from the original patentee, through certain mesne conveyances, to himself, to the lot in controversy. The defendant in error, who is a terre-tenant, and defends in the interest of the heirs of Edward Cory, deceased, insists, that he has made out a complete bar to the plaintiff's paramount title, under the statute of limitations.

The question presented is, whether the facts in the case constitute a bar to the plaintiff’s title under either the eighth or ninth sections of the Conveyance Act. R. S. 1845, p. 102.

We will first consider…

2Cases cited2 opinions

  1. Morrison v. KellyIllinois Supreme Court · 1859
  2. Dickenson v. BreedenIllinois Supreme Court · 1863

3Cited by3 opinions

  1. Vider v. ZavislanSupreme Court of Colorado · 1961
  2. Duck Island Club v. BexsteadIllinois Supreme Court · 1898
  3. Whitney v. StevensIllinois Supreme Court · 1878

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