Barger v. Hobbs

Citations

• 67 Ill. 592

Syllabus

<p>1. Bill of exceptions—presumption in absence of. Where a plea, stricken from the files, is not preserved in the record and the ruling of the court thereon is not preserved by bill of exceptions, it will be presumed that the court acted rightly in striking the plea from the files.</p> <p>8. Deed—must be under seal. A paper, purporting to be a deed, is not valid for the purpose of conveying title, unless it is under seal, yet, when a person enters into possession under such a paper, it is admissible in evidence for the purpose of showing the extent of his possession, and what he claimed by his possession.</p> <p>3. Possession—extent of, how shown. A party who enters into possession of land under a conveyance from a party having no title to convey, or under a paper purporting to be a deed, without a seal, is presumed to enter according to the description in such conveyance or paper, and his occupancy of part claiming the whole, is construed as a possession of the entire tract which the instrument purports to convey.</p> <p>4. Ejectment—title to justify a recovery—possession. It is well settled, both upon common law authority and by the decisions of this court, that in an action of ejectment, proof of prior possession by the plaintiff claiming to be the owner in fee, is prima facie evidence of ownership and seizin, and is sufficient to authorize a recovery, unless the defendant shall show a better title.</p> <p>5. Same—efect of judgment in. When the title is adjudicated on the trial of an action of ejectment, the judgment is conclusive as to the title established, between the parties and their privies.</p> <p>6. Evidence—pa/rol testimony to show matters litigated in a former suit. Where a former recovery is relied on, and it appears prima facie from the record that a question has been adjudicated, it may be shown by parol testimony that such question was not, in fact, decided in the former suit.</p> <p>7. Thus, when, on the trial of an action of ejectment, a judgment