Noble v. Illinois Central Railroad
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. . This was an action on the case, in the McLean circuit court, brought by the appellant, against the appellee, to recover the value of a quantity of sand of the plaintiff taken and converted by the defendant to its use, and also to recover for damages done by the defendant to lands described in the…
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. . This was an action on the case, in the McLean circuit court, brought by the appellant, against the appellee, to recover the value of a quantity of sand of the plaintiff taken and converted by the defendant to its use, and also to recover for damages done by the defendant to lands described in the declaration, in which lands the plaintiff had an estate in vested remainder. The defendant pleaded the general issue, the…
1Opinion of the CourtJustice Dickey
In this case no question is made in respect to the construction or effect of the exception of the two hundred feet strip ft for a right of way. As to that; no title or other interest ever passed by the deed; but the controversy relates to the meaning and effect of the reservation of “all the gravel on and in said land and premises,” and “the right to dig for gravel on any part of said lands, * * * with a view of opening gravel pits, one or more, ” and the right to remove such gravel. If the plaintiff’s ancestor had expressly granted the rights and privileges intended to be reserved by the…
2Cited by4 opinions
- Eckhart v. IronsIllinois Supreme Court · 1889
- City National Bank v. LangleyAppellate Court of Illinois · 1987
- American Spirits Manufacturing Co. v. Western Manufacturing & Oil Co.Appellate Court of Illinois · 1919
- O'Connell v. HeedAppellate Court of Illinois · 1920