Mosheimer v. Ussleman

Citations

• 36 Ill. 232

Syllabus

<p>Ejectment—outstanding title. In an action of ejectment the plaintiff proved he was sole heir of B., who had died seized in fee of the premises in controversy. The evidence also showed that B. devised the land to his wife, and that she survived him and was dead at the time of the trial; but there was no evidence whatever as to the date of her death, or whether she died before or after the commencement of the suit. Seld, that the court could not presume that she was dead at the commencement of the suit, and without proof of that fact the plaintiff could not recover. So far as appears, there was an outstanding title in the widow when the suit was commenced.</p>