Sands v. Wacaser

Citations

• 149 Ill. 530
• 36 N.E. 960

Syllabus

<p>1. Ejectment—against one rightfully in possession. While, as a general rule, the legal title must prevail in actions at law, ejectment can not be maintained against one in the lawful and rightful possession of land.</p> <p>2. The action of ejectment proceeds for the possession of the premises, claiming that they have been unlawfully entered upon and unjustly withheld. When the defendant’s possession is rightful, and the plaintiff is not wrongfully kept out of possession, the action can not be maintained.</p> <p>3. In August, 1854, the owner of land gave a bond for a deed to a railway company for its right of way, the deed to be made upon the definite location of the railroad, and the company was then to have the right of entry, which it exercised in 1872, without objection. The railroad changed owners, and in 1887 the owner of the land conveyed the same to a party who had notice of the equities of the railway company, and who, in 1890, demanded possession of the land and brought ejectment: Held, that the action would not lie.</p> <p>4. Bight oe way—agreement to convey—when binding on subsequent purchaser. Where an agreement of a land owner and a railway company for the conveyance of a strip of land for a right of way is once acted upon without objection, and the railroad constructed, its provisions will be binding upon the original owner and his grantee with notice.</p> <p>5. Possession—as notice of rights. The possession by a railroad company of land used for its right of way, is notice to the purchaser of the land that the company is occupying under a claim of right, and such possession is sufficient to put the purchaser on inquiry.</p> <p>6. Laches—who may invoke the doctrine. A purchaser of land with notice of a railway company’s right of way across the same, can not be heard to complain of the laches of the company, which his grantor had waived by permitting the company to enter under the contract.</p> <p>7. New tbiaii—motion for-—when trial is had by court