Cottingham v. Parr
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. D. McCulloch, Judge, presiding. On the 16th of March, 1869, John F. Cottingham was the owner in fee of the east half of the east half of section 20, in township 8 north of range 6 east of the 4th principal meridian, being the east half of the north-east quarter of said sec-tion, and the east half of the south-east quarter of the same section.
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Appeal from the Circuit Court of Peoria county; the Hon. D. McCulloch, Judge, presiding. On the 16th of March, 1869, John F. Cottingham was the owner in fee of the east half of the east half of section 20, in township 8 north of range 6 east of the 4th principal meridian, being the east half of the north-east quarter of said sec-tion, and the east half of the south-east quarter of the same section. The land was all inclosed with fences, and there was a hedge, of many years standing, running across the land from east to west, about twenty-nine feet south of the line between the two quarters of…
1Opinion of the CourtJustice Dickey
The majority of the court are of opinion that the judgment of the circuit court is right. The case turns on the construction of the deed of John F. Cottingham to Patterson, made on the 16th day of March, 1869. If the land in dispute passed to Patterson by that deed the defendant must prevail. That deed was made before the deed to Rice, and was recorded before the deed to Bice was recorded, and when Bice’s deed was made Patterson was in. actual open possession under his deed. The case then stands as it would stand had John F. Cottingham never made any conveyance except that to Patterson, and…
2Cited by10 opinions
- Forest Preserve District v. Lehmann Estate, Inc.Illinois Supreme Court · 1944
- Ely v. BrownIllinois Supreme Court · 1899
- Henderson v. HattermanIllinois Supreme Court · 1893
- Peoria & Pekin Union Railway Co. v. TamplinIllinois Supreme Court · 1895
- Seeders v. ShawIllinois Supreme Court · 1902
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