Legal Opinion

Knight v. Knight

Illinois Supreme Court

Decided February 17, 1899PublishedCited by 32 opinions

Appeal from the Circuit Court of Cass county; the Hon. T. H. Mehan, Judge, presiding. On the 6th day of September, 1875, one William Knight conveyed to the appellant lots 3 and 4, in block 96, in Beard & Weare’s addition to the city of Beardstown. The grantor, with his children, then lived in a dwelling house situate on the lots and occupied the premises as a home.

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Appeal from the Circuit Court of Cass county; the Hon. T. H. Mehan, Judge, presiding. On the 6th day of September, 1875, one William Knight conveyed to the appellant lots 3 and 4, in block 96, in Beard & Weare’s addition to the city of Beardstown. The grantor, with his children, then lived in a dwelling house situate on the lots and occupied the premises as a home. He continued to reside in the dwelling and occupy the premises after the execution of the deed as before, until the date of his death, which occurred June 5, 1896,—a period of twenty years and nine months. At the time of his death…

1Opinion of the CourtJustice Boggs

The theory upon which the judgement was rendered is, the ancestor of the appellees held actual, hostile, notorious, exclusive, open and continuous adverse possession of the premises, under the claim that he was the owner thereof, for the full period of twenty years, and thereby acquired title in fee simple thereto, and that such title descended to and vested in the appellees, his heirs-at-law. It was not error to permit counsel for appellees to ask witnesses in that behalf to state who was in “the possession” of the premises, etc., and who was in “the control” of the premises, etc., the…

2Cases cited12 opinions

  1. Ricard v. WilliamsSupreme Court of the United States · 1822
  2. Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894
  3. Harn v. SmithTexas Supreme Court · 1891
  4. Roebke v. AndrewsWisconsin Supreme Court · 1870
  5. McAuliff v. ParkerWashington Supreme Court · 1894

7 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Thomson v. WeismanTexas Supreme Court · 1904
  2. Gibson v. GainesSupreme Court of Alabama · 1916
  3. McClenahan v. StevensonSupreme Court of Iowa · 1902
  4. Houdek v. EhrenbergerIllinois Supreme Court · 1947
  5. Klingel v. KehrerAppellate Court of Illinois · 1980

27 more not listed; retrieve them via the Exa API.

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