Wessels v. Colebank
Illinois Supreme Court
Writ of Error to the Circuit Court of Iroquois county; the Hon. John Small, Judge, presiding. This was an action of trespass quare clausum fregit, brought by defendant in error, L. S. Colebank, against the plaintiffs in error, for breaking and entering his close, and with shovels, spades, etc., cleaning" out and deepening a ditch across the same, piling up the earth and sediment in mounds and ridges, and damaging" his grass and crops.
Read the full summary
Writ of Error to the Circuit Court of Iroquois county; the Hon. John Small, Judge, presiding. This was an action of trespass quare clausum fregit, brought by defendant in error, L. S. Colebank, against the plaintiffs in error, for breaking and entering his close, and with shovels, spades, etc., cleaning" out and deepening a ditch across the same, piling up the earth and sediment in mounds and ridges, and damaging" his grass and crops. To this plaintiffs in error filed their plea of not guilty, and also a special plea, in which they admitted the acts complained of and attempted .to justify…
1Opinion of the CourtChief Justice Carter
The motion to dismiss the writ of error on the ground that no freehold is involved in the case has been reserved to the hearing and will be disposed of first.
The rule, as frequently announced by this court, is, that a freehold is involved in cases only where either the necessary result of the judgment is that one party gains and the other loses a freehold estate, or where the title to a freehold is so put in issue by the pleadings that a decision of the case necessarily involves a decision of such issue, although the judgment or decree does not result in one party gaining and the other losing…
2Cases cited7 opinions
- Alexander v. Tolleston ClubIllinois Supreme Court · 1884
- Lake Brie & Western Railroad v. WhithamIllinois Supreme Court · 1895
- Roberts v. . RobertsNew York Court of Appeals · 1873
- Hibernian Banking Ass'n v. Commercial National BankIllinois Supreme Court · 1895
- Chapman v. Thames Manufacturing Co.Supreme Court of Connecticut · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Chicago Title & Trust Co v. Wabash-Randolph Corp.Illinois Supreme Court · 1943
- Transcontinental Oil Co. v. EmmersonIllinois Supreme Court · 1921
- Nixon v. WelchSupreme Court of Iowa · 1946
- Hunt v. SainIllinois Supreme Court · 1899
- Doan v. AllgoodIllinois Supreme Court · 1923
24 more not listed; retrieve them via the Exa API.