Monson v. Kill
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. H. M. Shepard, Judge, presiding.
1Opinion of the CourtJustice Shope
The first point made is, that the bill is defective in not alleging that the complainant was in possession of the land; or that he claimed to be the owner and the land was unimproved and unoccupied. Sec. 50, chap. 22, R. S.; Gage v. Abbott, 99 Ill. 366; Oakley v. Hurlbut, 100 id. 204.
The testimony shows that the complainant was in possession of the land at the time of filing the bill, and that fact should have been alleged. But the defendant having failed to demur specially for that cause, and having answered and proceeded to hearing without objection, waived it. Gage v. Schmidt, 104 Ill. 106.
2Cases cited9 opinions
- Jackson v. BadgerSupreme Court of Minnesota · 1886
- Larmon v. JordanIllinois Supreme Court · 1870
- Bush v. . ColeNew York Court of Appeals · 1863
- Gage v. AbbottIllinois Supreme Court · 1881
- Coleman v. GarriguesNew York Supreme Court · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Horan v. BlowitzIllinois Supreme Court · 1958
- Jackson v. JarrattTennessee Supreme Court · 1932
- Rhode v. GallatSupreme Court of Florida · 1915
- Harrigan v. DodgeMassachusetts Supreme Judicial Court · 1914
- Henry v. LaneCourt of Appeals for the Fifth Circuit · 1904
9 more not listed; retrieve them via the Exa API.