Harrell v. Enterprise Savings Bank
Illinois Supreme Court
Appeal from the Circuit Court of Alexander county; the Hon. Joseph P. Robarts, Judge, presiding. Appellant commenced an action of ejectment to recover lots 6, 9, 10 and 11, in block 40, in the city of Cairo. Appellee filed a plea of the general issue, and on trial the finding and judgment were entered for the defendant, and the plaintiff prosecutes this appeal.
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Appeal from the Circuit Court of Alexander county; the Hon. Joseph P. Robarts, Judge, presiding. Appellant commenced an action of ejectment to recover lots 6, 9, 10 and 11, in block 40, in the city of Cairo. Appellee filed a plea of the general issue, and on trial the finding and judgment were entered for the defendant, and the plaintiff prosecutes this appeal. At the same time, an ejectment suit was pending and heard as to lots 7 and 8, in the same block, which were held under the same character of paper title, and in the latter case the finding and judgment were entered for the plaintiff…
1Opinion of the CourtJustice Phillips
Where there is proof of prior possession by the grantor, or others under whom he claims and to whose title he is privy, and he or those under whom he holds claim to be the owners of the fee, the law is well settled that in an action of ejectment such proof of prior possession is prima facie evidence of ownership and seizin sufficient to authorize a recovery, unless the defendant shows a better title. Barger v. Hobbs, 67 Ill. 592; Benefield v. Albert, 132 id. 665.
The evidence shows that the Cairo City and Canal Company, on the thirteenth day of June, 1846, duly conveyed fractional section 25,…
2Cases cited14 opinions
- Barger v. HobbsIllinois Supreme Court · 1873
- Bouldin v. Massie's HeirsSupreme Court of the United States · 1822
- Dugger v. OglesbyIllinois Supreme Court · 1881
- Gage v. BaniSupreme Court of the United States · 1891
- Gage v. DavisIllinois Supreme Court · 1889
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3Cited by10 opinions
- Gaither v. LagerIllinois Supreme Court · 1954
- Townsend v. PenroseSupreme Court of Arkansas · 1907
- Department of Conservation Ex Rel. People v. FairlessAppellate Court of Illinois · 1995
- Bennett v. MooreSouth Dakota Supreme Court · 1904
- Stowell v. SpencerIllinois Supreme Court · 1901
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