Kibbie v. Williams

Decided January 15, 1871

Illinois Supreme Court · decided 1871-01-15

Joseph Sibley, Judge, presiding. This was an action of ejectment, .brought by George A. Kibbie, in the Adams Circuit Court, against John H. Williams, for the recovery of the H. E. qr. of sec. 11, town 2, ÜST. R. 7 W. in Adams county. The declaration was in the usual form, to which was filed the general issue. A trial was had by the court without a jury, by consent of parties. Plaintiff traced title from the United States government to himself.

Cited by 3 later decisions — most recently April 1895

3 state decisions

Relies on Shortall v. Hinckley

Good law ✅— No negative treatment on recordhow we know

Decided 1871-01-15

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Per Curiam :

¶1The only difference between this case and that of Shortall v. Hinckley, 31 Ill. 225, is, that in this, the husband held an estate jure uxoris, while in that, the husband held an estate by the curtesy initiate. They are both freehold estates, (2 Kent’s Com. 130,) and are subject to the same incidents, and must be held to be governed by the statute of limitations in the same manner and to the same extent. No reason is perceived for any distinction in the law of the two cases. This being so, the case of Shortall v. Hinckley, supra, must govern, and the judgment of the court below is affirmed.

¶2Judgment affirmed.