Waldron v. Marcier
| Decision Date | 30 September 1876 |
| Citation | 82 Ill. 550,1876 WL 10254 |
| Parties | E. H. WALDRON et al.v.AMA MARCIER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Iroquois county; the Hon. N. J. PILLSBURY, Judge, presiding.
Messrs. HOLLAND & AYERS, for the appellants.
Messrs. BLADES, KAY & EVANS, for the appellee.
This was an action of trespass, for breaking and entering a close of the plaintiff and taking down a building. The plaintiff recovered, and the defendants appealed.
It appears, from the evidence, that the close in question is a part of a certain tract of twenty-five acres of land; that, on the 13th of August, 1871, Charles Arcenaux, the then owner of the twenty-five acres, executed a warranty deed to one Adams Earl, conveying to him, in trust for himself and three other named persons, an undivided half of the twenty-five acres. At the same time, Arcenaux and Earl executed an agreement, in writing, whereby it was declared that said conveyance was made upon the express condition that the Cincinnati, Lafayette and Chicago Railroad Company (of which Earl was president) should construct the main line of their railroad across the said tract of twenty-five acres and locate their passenger depot thereon, and that the road should be so constructed and the depot located within six months from that date; and it was thereby agreed between the parties that, so soon as the line of the road should be permanently located over the tract, the tract of land should be platted and laid off into town lots, and they should be equitably divided between the respective parties to the deed, by receiving and taking each alternate lot, or in such other manner as might be mutually agreed upon, and that the deed should be held by a third person named, to await the performance of the conditions. The road was constructed over the land named, in the latter part of September following, and the depot had been located upon it some time previous. The twenty-five acres was platted and laid off into town lots, the certificate of acknowledgment of the plat by Arcenaux and Earl, bearing date October 29, 1872. On the 5th day of April, 1873, Arcenaux executed to Earl a quitclaim deed of a large number of the lots, upon one of which, we understand, the building in question stood.
On the 1st day of October, 1872, Arcenaux executed to the plaintiff in the suit, Ama Marcier, a warranty deed of a portion of the twenty-five acres, describing the same by metes and bounds, upon which her husband, Moses Marcier, placed the building at some time before, as we gather, there having been a bargain for the lot some six months before the deed was executed. The building appears to have been twelve by fourteen feet, one story high, the eaves nine feet from the ground, boarded...
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State v. Rosenquist
...Warner v. Callender, 20 Ohio St. 190, 197; Turner v. Thornton & Mechanicsburg Gravel Road Co., 33 Ind. 317, 319. See also Waldron v. Marcier, 82 Ill. 550, 552; United States v. LaRoque, 8 Cir., 198 F. 645, at page 646; Fairbanks v. United States, 223 U.S. 215, 225, 32 S.Ct. 292, 56 L.Ed. 40......
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James v. Johnson
...Bradwell, 211; Covert v. Nolan, 10 Bradwell, 629. Appellee was only entitled to remuneration for the damages she had sustained: Waldron v. Marcier, 82 Ill. 550. Mr. F. L. CAPPS and Messrs. BEACH & HODNETT, for appellee; that where the facts can be so described as to enable the jury to form ......
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Illinois Terminal R. Co. v. Thompson
...authorizes the jury to award such damages as the appellee ‘sustained.’ This was correct, under the ruling of this court in Waldron v. Marcier, 82 Ill. 550. The instruction authorized the jury to find the amount of damages ‘from the preponderance of the evidence.’ This was correct, under the......
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