Legal Opinion

Williams v. Esten

Illinois Supreme Court

Decided April 17, 1899PublishedCited by 9 opinions

Appeal from the Circuit Court of Logan county; the Hon. George W. Herdman, Judge, presiding. This was an action of ejectment brought by appellant, against appellee, to recover possession of the following lands: The west half of the north-east quarter of section 2, except about 15.59 acres in the plat of Thomas Esten of the village of Lawndale, in township 20; also all that part of the south half of the south-west quarter lying west of the Chicago.and Alton railroad track, in…

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Appeal from the Circuit Court of Logan county; the Hon. George W. Herdman, Judge, presiding. This was an action of ejectment brought by appellant, against appellee, to recover possession of the following lands: The west half of the north-east quarter of section 2, except about 15.59 acres in the plat of Thomas Esten of the village of Lawndale, in township 20; also all that part of the south half of the south-west quarter lying west of the Chicago.and Alton railroad track, in section 86, township 21, north, range 2, west of the third principal meridian, Logan county, Illinois. The 'defendant…

1Opinion of the CourtJustice Craig

This case was before us at a former term, and upon the hearing we affirmed the judgment of the circuit court, but upon application for a rehearing, in view of the importance of the question involved, we granted the same. Since granting a rehearing we have carefully considered the case again, but have not been able to reach a different conclusion from that arrived at on the last hearing.

The death of the widow of Thomas Esten does not affirmatively appear from the evidence as set out in the -record, but that fact has been assumed by counsel in the argument and not denied. We shall therefore…

2Cases cited4 opinions

  1. Miller v. . EmansNew York Court of Appeals · 1859
  2. Holbrook v. DeboIllinois Supreme Court · 1881
  3. Frink v. DarstIllinois Supreme Court · 1853
  4. Smith v. PendellSupreme Court of Connecticut · 1848

3Cited by9 opinions

  1. Biwer v. MartinIllinois Supreme Court · 1920
  2. McDonald v. Bayard Savings BankSupreme Court of Iowa · 1904
  3. Johnston v. HerrinIllinois Supreme Court · 1943
  4. Ortmayer v. ElcockIllinois Supreme Court · 1907
  5. Kenwood Trust & Savings Bank v. PalmerIllinois Supreme Court · 1918

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