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81 Ill. App. 209

Ragains v. Stout

Appellate Court of Illinois

Decided March 10, 1899

Appellate Court of Illinois · decided 1899-03-10

<p>1. Freehold— Trespass to Real Estate.—In trespass upon real estate, commenced before a justice of the peace and appealed to the Circuit Court, where the defenses relied upon are liberum tenementum, license, and not guilty, a freehold is involved.</p>

Relies on Piper v. Connelly · West Chicago Street Railroad v. Morrison, Adams & Allen Co.

Appeal dismissed · Decided 1899-03-10

Per Curiam.

¶1This was a case in trespass on real estate, commenced before a justice of the peace and appealed to the Circuit Court. Appellant, in his statement of 'the case; says : “ The defenses relied upon in the trial were liberum ienementum, license, and not guilty. The evidence bears out the statement. In such case a freehold is involved. W. C. St. R. R. Co. v. Morrison, Adams & Allen Co., 54 Ill. App. 556; Piper v. Connelly et al., 108 Ill. 646. This court has no jurisdiction.

¶2Appeal dismissed and leave to withdraw record, abstracts and briefs.

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