[DOWNLOAD] "Chautauqua Assn. v. Assembly of God" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free

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eBook details

• Title: Chautauqua Assn. v. Assembly of God
• Author : Supreme Court of Illinois
• Release Date : January 20, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Appeal has been taken from the circuit court of Menard County in this cause by Illinois District Council of the Assembly of
God, the defendant, for the review of a judgment entered in an ejectment action wherein the plaintiff, Old Salem Chautauqua
Association, sought and recovered possession of certain realty it claimed to own in fee simple. A determination of the title
to real estate is involved in such a manner as to give this court direct appellate jurisdiction. See: Braun v. Maloy, 369
Ill. 218; Copple v. Scott, 372 Ill. 307. The lengthy proceedings which provoke the appeal show that on April 4, 1954, plaintiff filed a verified complaint in ejectment
to recover from defendant three separate portions of the Old Salem Chautauqua Park, described as "the athletic field" (count
I), "the boat landing" (count II), and "the auditorium" (count III). On May 3, 1954, defendant filed a verified answer denying
plaintiff owned the premises and asserting title in itself by virtue of a warranty deed from one Ellen Tucker under date of
December 24, 1943. Because the answer did not allege sufficient facts relating to the title claimed by defendant, it was stricken
on motion of plaintiff and defendant was permitted to file an amended answer. Contemporaneously with the filing of the latter
answer, defendant also filed a verified counterclaim, being a complaint to quiet title, in which it set up its deed from Tucker
and alleged that such deed included the three portions of realty claimed by plaintiff in the ejectment action.

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