Bower v. Grayville & Mattoon Railroad

Citations

• 92 Ill. 223

Syllabus

<p>Parties on appeal. Where the defendant in proceedings to condemn land for right of way has died, Ms executor can not properly take an appeal therein, unless it affirmatively appears such executor has some interest in the land by virtue of the will of the testator. Nothing being shown to the contrary, it will be assumed the fee is in the heirs, and not in the executor, and in such case the heirs alone can prosecute an appeal.</p>