Kirkland v. Cox
Illinois Supreme Court
Appeal from the Circuit Court of Montgomery county; the Hon. Charles S. Zane, Judge, presiding. This was an action of ejectment by appellees, claiming as heirs at law of Michael Walsh, deceased, against appellants, claiming as trustees of his estate, to recover possession of certain lands lying in Montgomery county. The case was tried by the court without the intervention of a jury, and judgment was rendered in favor of appellees, to reverse which this appeal is prosecuted.
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Appeal from the Circuit Court of Montgomery county; the Hon. Charles S. Zane, Judge, presiding. This was an action of ejectment by appellees, claiming as heirs at law of Michael Walsh, deceased, against appellants, claiming as trustees of his estate, to recover possession of certain lands lying in Montgomery county. The case was tried by the court without the intervention of a jury, and judgment was rendered in favor of appellees, to reverse which this appeal is prosecuted. The material facts were agreed to by the counsel of the respective parties and embodied in a stipulation in writing,…
1Opinion of the CourtJustice Scholfield
In this form of action, since the naked legal title must control, we think it sufficient to show that title is not in appellees, and the judgment below can not, therefore, be sustained.
The rule is, undoubtedly, as claimed by appellees’ counsel, that trustees must be presumed to take an estate only commensurate with the charges or duties imposed on them; but this, however, is subject to the qualification that such presumption shall be consistent with the intention of the party creating the trust, as manifested by the words employed in the instrument by which it is created. Doe d. Shelley v.…
2Cases cited3 opinions
- Gibson v. ReesIllinois Supreme Court · 1869
- Witham v. BroonerIllinois Supreme Court · 1872
- McNab v. YoungIllinois Supreme Court · 1875
3Cited by36 opinions
- Glover v. CondellIllinois Supreme Court · 1896
- Lawrence v. LawrenceIllinois Supreme Court · 1899
- McFall v. KirkpatrickIllinois Supreme Court · 1908
- Kirkpatrick v. ClarkIllinois Supreme Court · 1890
- Hart v. SeymourIllinois Supreme Court · 1893
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