Ohio & Mississippi Railway Co. v. Barker
Illinois Supreme Court
Appeal from the Circuit Court of Clay county; the Hon. C. S. Conger, Judge, presiding. This was an action of ejectment, in the Clay circuit court, by Clara Barker, Henry Barker, Harvey Barker, John Barker, Ella Barker and Matilda Barker, against the Ohio and Mississippi Railway Company.
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Appeal from the Circuit Court of Clay county; the Hon. C. S. Conger, Judge, presiding. This was an action of ejectment, in the Clay circuit court, by Clara Barker, Henry Barker, Harvey Barker, John Barker, Ella Barker and Matilda Barker, against the Ohio and Mississippi Railway Company. The declaration contains but one count, and it recites that the plaintiffs were possessed of certain premises situated in the said county of Clay, and State of Illinois, and described as follows, to-wit: A strip of land running through the south-east quarter of the south-west quarter of section 2, town 3,…
1Opinion of the CourtJustice Scholfield
The description of the property conveyed to appellee is, “all the line of railroad heretofore belonging to the Springfield and Illinois Southeastern Railway Company, * * * together with the right of way, and all the real and personal property late of the said railway company.” The subsequent words, “in any manner used or appropriated for the operating and maintaining of said line of road,” do not describe an additional kind or title of the property intended to be conveyed, but describe simply the use to which the property intended to be conveyed has heretofore been devoted; and so we must…
2Cases cited1 opinion
- Stumpf v. OsterhageIllinois Supreme Court · 1884
3Cited by5 opinions
- Republic Life Insurance v. SwigertIllinois Supreme Court · 1890
- Philbin v. CarrIndiana Court of Appeals · 1920
- Montgomery v. WymanIllinois Supreme Court · 1889
- Lewis v. St. Paul, M. &. M. Ry. Co.South Dakota Supreme Court · 1894
- Ohio & Mississippi Railway Co. v. BarkerIllinois Supreme Court · 1890