Ragain v. Stout
Illinois Supreme Court
Appeal from the Circuit Court of Johnson county; the Hon. Joseph P. Robarts, Judge, presiding. Prior to June 18, 1883, appellee owned one hundred and sixty acres of land in Johnson county, being the east half of the north-east quarter of section 23 and the west half of the north-west quarter of section 24, in township 12, south, range 3, east.
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Appeal from the Circuit Court of Johnson county; the Hon. Joseph P. Robarts, Judge, presiding. Prior to June 18, 1883, appellee owned one hundred and sixty acres of land in Johnson county, being the east half of the north-east quarter of section 23 and the west half of the north-west quarter of section 24, in township 12, south, range 3, east. On the above mentioned date appellee conveyed to John S. Whiteside the west half of the north-west quarter of section 24, above named. In December, 1885, Whiteside conveyed the eighty acres to the appellant. Prior to the first conveyance above mentioned…
1Opinion of the CourtJustice Phillips
It cannot be doubted that the appellee was in the quiet and peaceable possession of the land on the west side of the fence as it had stood prior to the institution of the suit, and that that possession was invaded by appellant. This, of itself, standing alone, would make a prima facie case against the appellant. As a matter of defense the appellant insists that he entered by the license and permission of appellee. Such a defense admits possession in plaintiff and that defendant did the act complained of, and simply puts in issue whether the act was done with plaintiff’s consent. Such a…
2Cases cited2 opinions
- Woodward v. SeelyIllinois Supreme Court · 1849
- Simpson v. WrightAppellate Court of Illinois · 1886
3Cited by2 opinions
- Entwhistle v. HenkeAppellate Court of Illinois · 1904
- Grannemann v. MeyerAppellate Court of Illinois · 1912