DeWitt v. Bradbury

Decided January 15, 1880

Illinois Supreme Court · decided 1880-01-15

C. L. Hiebee, Judge, presiding. This is an action of ejectment, brought by appellee against appellant, at the March term, 1876, of the circuit court of Brown county, for the recovery of the south half of the south-east quarter of section 34, township 1 south of range 2 west of the fourth principal meridian.

Cited by 2 later decisions — most recently September 1915

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-01-15

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Mr. Justice Dickey

¶1delivered the opinion of the Court:

¶2Appellant insists that plaintiff failed to show title, in this, that there is no proof that Benjamin F. DeWitt claimed title to the land in fee. This position is sought to be sustained on the ground that no witness has testified to having heard him say anything about claiming in fee, or how he claimed. This position is not tenable. Barker’s deed professes to convey an estate of inheritance. Immediately after its date Benjamin F. DeWitt took actual possession, and during his life treated it as his own absolute property, by occupying, cultivating and improving it, and before his death by his will claimed it as his home place.

¶3It is plain he claimed title in fee. It is not at all necessary that such a claim should be expressed in words.

¶4The judgment must be affirmed.

¶5Judgment affirmed.