Eddy v. Gage

Citations

• 147 Ill. 162
• 35 N.E. 347

Syllabus

<p>1. Ejectment—burden of proof as to title. In the action of ejectment the burden rests upon the plaintiff to prove the title he asserts. If the evidence fails to show title in him he can not recover.</p> <p>2. Practice—directing what the verdict shall be. If, on the trial of an action of ejectment, there is no evidence before the jury tending to prove title in the plaintiff, or from which the jury can, in the eye of the law, reasonably find in the plaintiff’s favor, an instruction to find for the defendant may be properly given.</p> <p>3. But where there is such evidence before the jury, it must be left to them for their consideration. It is not within the province of the court, on a motion to instruct to find for the defendant, to weigh the evidence and ascertain where the preponderance is. The function of the court is limited to determine whether there is or is not evidence tending legally to prove the fact affirmed, leaving out of view the effect of all modifying or countervailing evidence.</p> <p>4. Limitations—twenty years’ possession gives title. If a party enters into the possession of land under a deed therefor, and continues in possession under a claim of ownership for over twenty years, such entry and possession will constitute a bar to the right of entry by any one, not within the saving clause of the statute, claiming a paramount title. • Such possession constitutes title, available not only for defense, but under which the holder can maintain ejectment against any one wrongfully intruding upon his possession.</p> <p>5. Same — what constitutes adverse possession of prairie land. In order to constitute an adverse possession of land under the Limitation law, it is not necessary that the party should live on the land, or have the same inclosed by a fence, or have plowed and cultivated it. Possession may be otherwise shown of wild and uncultivated land.</p> <p>6. Actual possession of land may be held in different modes—by inclosure, by cultivation, by the