Agnew v. Perry

Citations

• 120 Ill. 655
• 12 N.E. 70

Syllabus

<p>1. Ejectment—plaintiff must show title or right. It is a familiar rule, that in an action of ejectment the plaintiff must recover on the strength of his own title, and not on the weakness of that of the defendant.</p> <p>2. So in order to recover a lot in a town laid out on certain parts of a section of land, the plaintiff must show that the lot is situate in some part of the section, to which he has title, or he must fail.</p> <p>3. Same—plea of the Statute of Limitations, as operating to relieve the plaintiff from showing title. The fact that a defendant in ejectment relies on the Statute of Limitations as a defence, will not, of itself, operate as a waiver of the requirement that the plaintiff must show title in order to recover.</p>