Mccormick v. Evans
| Decision Date | 31 January 1864 |
| Citation | 33 Ill. 327,1864 WL 2927 |
| Parties | CYRUS H. MCCORMICKv.GEORGE H. EVANS, JR. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
ERROR to Circuit Court of Adams County.
Ejectment by plaintiff in error against defendant in error, the facts relating to which are sufficiently stated by the court.
Skinner & Marsh, for plaintiff in error.
Grimshaw & Williams, for defendant in error.
This was an action of ejectment for an undivided one-half of the northwest quarter of section two, township five, south of range three west, in Pike county.
On the trial, the plaintiff adduced a regular chain of title from the United States to John Broderick, and from John Broderick to himself. The defendant set up a connected title in equity, deducible of record, from John Broderick to George Evans, Senior, and his seven years' possession by actual residence thereon, under whom the defendant claimed possession. In support of this defense, was adduced in evidence an agreement between John Broderick and Esau Pickerell and John M. Walker, dated the 19th July, 1838, by which instrument Broderick agreed to convey to Pickerkell and Walker the land in question, together with other lands, upon the payment of the sum of five hundred and fourteen dollars; two hundred and fourteen dollars of which was to be paid upon the execution of the contract, and the remaining three hundred dollars in one year from that date; which agreement was recorded the 9th November, 1838.
The defendant also introduced in evidence a deed from Pickerell to Walker, dated 12th October, 1840; and a deed from Walker to one Philip Greeno, dated 11th February, 1846. The defendant further read in evidence a contract between Walker and Greeno, dated 18th June, 1850, by which Walker agreed to furnish Greeno with a clear chain of patent title from the patentee to himself, including a deed from Broderick to Walker and Pickerell, and Pickerell's deed to Walker of the northwest quarter of section two, township five south, in range two west; and an assignment of this contract by Greeno to George Evans, Senior, without date. It did not distinctly appear at what time this assignment was delivered; but it appeared that George Evans, Senior, had, since the year 1850, resided upon the premises, and claimed title thereto under the title papers read in evidence by the defendant. At the commencement of this suit, more than twenty years had elapsed from the time when the money became due from Pickerel and...
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...104 N.W. 880; Newson v. Langford, 174 S.W. 1036 (Texas); Petermans v. Law, 6 Leigh, 523 (Va.); Nolan v. Nolan, 54 N.Y.S. 975; McCormick v. Evans, 33 Ill. 327; Taylor McKee, 45 S.E. 627 (Ga.); Johnson v. Rannels, 6 Mart. (N. S.) 621 (La.); Hollister v. Armstrong, 5 Houst. 46 (Del.); Arndt v.......
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Ellison v. Torpin
...243, admits, in the case of a sale of land under a executory contract, that the presumption applies. So Massie's Case 80 v. 790; McCormick v. Evans, 33 Ill. 327; Morrison v. Funk, 23 Pa. St. 421. Where notes yet in the hands of the vendor, or it is any way shown the debt exists, no time bar......
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Fagan v. Bach
... ... And in McCormick v. Evans, 33 Ill. 327, it was held that where money has been due, under a contract for the purchase of land, for more than 20 years, the law presumes ... ...
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Mills v. Mills
...are presumed to have been satisfied, and this presumption will defeat a recovery on them unless rebutted by proof.' And in McCormick v. Evans, 33 Ill. 327, it was held that where money has been due, under a contract for the purchase of land, for more than 20 years, the law presumes its paym......