Dewitt v. Shea
Illinois Supreme Court
Writ op Error to the Circuit Court of Randolph » county; the Hon. William Hartzell, Judge, presiding. This was an action of ejectment in the circuit court of Randolph county by plaintiffs in error to recover from defendants in error possession of ten acres of land in that county. It was admitted on the trial that Thomas Horrell was the common source of title.
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Writ op Error to the Circuit Court of Randolph » county; the Hon. William Hartzell, Judge, presiding. This was an action of ejectment in the circuit court of Randolph county by plaintiffs in error to recover from defendants in error possession of ten acres of land in that county. It was admitted on the trial that Thomas Horrell was the common source of title. Plaintiffs in error are his grandchildren and children of John Dewitt, to whom Thomas Horrell, in 1845, made a deed of the premises in controversy, upon which plaintiffs in error rely to sustain their claim of title. This deed was duly…
1Opinion of the CourtJustice Wilkin
The contention of defendants in error that they are innocent purchasers, without notice of any claim of title by any one else, cannot be sustained. At the time Edmund Shea received his deed from B. J. Horrell for an eighty-acre tract, which includes the ten acres in controversy, the deed from Thomas Horrell to John Dewitt was on record and notice to all subsequent purchasers of rights acquired thereunder, and the record was prima facie evidence of the delivery of the deed to the grantee therein named, and whoever questions it must assume the burden of proving that it was not delivered.…
2Cases cited2 opinions
- Valter v. BlavkaIllinois Supreme Court · 1902
- Riggs v. GirardIllinois Supreme Court · 1890
3Cited by5 opinions
- Kirby v. KirbyIllinois Supreme Court · 1908
- Blair v. JohnsonIllinois Supreme Court · 1905
- Perkins v. PerkinsWisconsin Supreme Court · 1921
- McCallister v. McCallisterIllinois Supreme Court · 1930
- Stowell v. LynchIllinois Supreme Court · 1915