McLean v. Farden
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. Sabin D. Puterbatjgh, Judge, presiding. This was an action of trespass guare clausum fregit, upon the southeast quarter of the northeast quarter of section 14, township 11 north, range 8 east, in Peoria county, brought before a magistrate, resulting in a judgment for the plaintiff, from which the defendant took an appeal to the circuit court. Upon trial in that court the verdict went for the original defendant.
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Appeal from the Circuit Court of Peoria county; the Hon. Sabin D. Puterbatjgh, Judge, presiding. This was an action of trespass guare clausum fregit, upon the southeast quarter of the northeast quarter of section 14, township 11 north, range 8 east, in Peoria county, brought before a magistrate, resulting in a judgment for the plaintiff, from which the defendant took an appeal to the circuit court. Upon trial in that court the verdict went for the original defendant. The motion of McLean for a new trial was overruled, and judgment entered against him for costs, from which judgment he appeals…
1Opinion of the CourtJustice Scott
The appellant, and Mrs. Susan Farden, under whom the appellees seek to justify their acts, both claim to own the land in controversy on Avhich the alleged trespasses were committed.
It is not denied that the appellees did enter upon the premises and cut some trees, and did other acts to the realty for Avhich the appellant could rightfully recover if he had been previously in the actual possession. The only question presented is, whether the appellant did have the requisite possession of the tract of land in dispute prior to the committing the acts complained of, that would enable him to…
2Cases cited3 opinions
- Davis v. EasleyIllinois Supreme Court · 1851
- Brooks v. BruynIllinois Supreme Court · 1857
- Brooks v. BruynIllinois Supreme Court · 1860
3Cited by10 opinions
- Fitzgerald v. QuinnIllinois Supreme Court · 1896
- Bugner v. Chicago Title & Trust Co.Illinois Supreme Court · 1917
- Hubbard v. KiddoIllinois Supreme Court · 1877
- Stalford v. GoldringIllinois Supreme Court · 1902
- McMillin v. Economics Laboratory, Inc.Appellate Court of Illinois · 1984
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