Turpin v. Baltimore, Ohio & Chicago Railroad
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge, presiding. This was an action of ejectment, brought by Turpin, receiver of the Fidelity Savings Bank and Safe Depository, against the Baltimore, Ohio and Chicago Railway Company, to recover the right of way used and occupied by the latter,' being a strip of land sixty-six' feet wide, and being thirty-three feet in width on each side of the center line of its roadway, such strip being a part…
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge, presiding. This was an action of ejectment, brought by Turpin, receiver of the Fidelity Savings Bank and Safe Depository, against the Baltimore, Ohio and Chicago Railway Company, to recover the right of way used and occupied by the latter,' being a strip of land sixty-six' feet wide, and being thirty-three feet in width on each side of the center line of its roadway, such strip being a part of lots 11 and 13, of Seip’s subdivision of the west half of the northwest quarter of section 25, township 38 north,…
1Opinion of the CourtJustice Sheldon
Had Bowen never conveyed to Honoré, and had he been himself the party plaintiff here, we should have no doubt that he could not maintain this action of ejectment. He 'would not have a right to the possession,—defendant would be lawfully in possession, having been let into the possession by Bowen, under a contract for the right of way, which has been fully performed on defendant’s part. In such a case, where the defendant’s possession is rightful, and the plaintiff is not wrongfully kept out of possession, it is very well settled by the decisions of this court that the action of ejectment can…
2Cited by9 opinions
- Talley v. Kingfisher Improvement Co.Supreme Court of Oklahoma · 1909
- Sands v. WacaserIllinois Supreme Court · 1894
- Curtis v. HawleyAppellate Court of Illinois · 1899
- Kirby v. Wabash, St. Louis & Pacific Railway Co.Illinois Supreme Court · 1884
- Grafton Dolomite Stone Co. v. St. Louis, Chicago & St. Paul Railway Co.Illinois Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.