Newland v. Marsh
Illinois Supreme Court
APPEAL FROM ADAMS. APPEAL FROM BROWN. ERROR TO HANCOCK. In the case of Newland v. Marsh, the following statement, shows the facts of the case: This was an action of ejectment brought by the appellee against the appellant, to recover the possession of the N. W. 12, 2 N. 6 W., in Adams county. The declaration was served October 27,1856. Plea of “ not guilty” filed November 10,1856. By agreement, a jury was dispensed with, and the case submitted to the court for trial.
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APPEAL FROM ADAMS. APPEAL FROM BROWN. ERROR TO HANCOCK. In the case of Newland v. Marsh, the following statement, shows the facts of the case: This was an action of ejectment brought by the appellee against the appellant, to recover the possession of the N. W. 12, 2 N. 6 W., in Adams county. The declaration was served October 27,1856. Plea of “ not guilty” filed November 10,1856. By agreement, a jury was dispensed with, and the case submitted to the court for trial. On the trial, the plaintiff below gave in evidence a patent from the- United States to George Howell, for the land in…
1Opinion of the CourtSkinner, J.
The defendants in these three cases showed color of title made in good faith, and payment of taxes under such •title for seven successive years, whilst the land was vacant and unoccupied, and were served with declaration afterwards, and when in possession. They seek to defend their possessions, first, upon the ground that by force of the second section of the act of the legislature, approved March 2,1889, and entitled “An Act to quiet possessions and confirm titles to lands,” they are seized in fee simple of the land ; and, second, upon the ground that, treating this section as a limitation…
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