Dickerson v. Hendryx
Illinois Supreme Court
Appeal from the Circuit Court of McLean county. This was an action of ejectment, brought in the McLean circuit court by Frederick Hendryx against Henry C. Dickerson, Robert Lowry and Charles Craig, for the recovery of the north-west quarter of section 20, in township 23 north, range 4 east of the third principal meridian.
Read the full summary
Appeal from the Circuit Court of McLean county. This was an action of ejectment, brought in the McLean circuit court by Frederick Hendryx against Henry C. Dickerson, Robert Lowry and Charles Craig, for the recovery of the north-west quarter of section 20, in township 23 north, range 4 east of the third principal meridian. The declaration in substance alleged that the plaintiff, on April 20, 1874, was possessed of the land, which he claims in fee, and being possessed thereof, the defendants afterwards, on April 20, 1874, entered into said tenements, and now unlawfully withhold from the…
1Opinion of the CourtChief Justice Scholfield
The chief question for our determination on this record is, did the circuit court err in sustaining demurrers to the two special pleas? They profess to answer the whole declaration, yet they put in issue only the possession and occupation of the premises.
The sixth section of the present statute relating to ejectment (Rev. Stat. 1874, p. 444,) is this: “ If the premises for which the action is brought are actually occupied by any person, such actual occupant shall be named defendant in the suit, and all other persons claiming title or interest in the same may also be joined as defendants.” The…
2Cases cited2 opinions
- Safford v. VailIllinois Supreme Court · 1859
- Moir v. HarringtonIllinois Supreme Court · 1859
3Cited by4 opinions
- South Park Commissioners v. GavinIllinois Supreme Court · 1891
- Smith v. BurtIllinois Supreme Court · 1944
- Kopf v. YordyAppellate Court of Illinois · 1916
- Morehead v. YeazelAppellate Court of Illinois · 1882