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Mercer v. Wayman

Illinois Supreme Court
137 N.E.2d 815 (1956)


John Mercer owned a forty acre parcel of real property at the time that he died intestate. He was survived by his wife and seven children. One of John Mercer’s daughters, Lora Wayman, followed him in death. Lora was survived by her husband, Oscar Wayman, and three children (defendants). After Lora’s death, John Mercer’s wife and children, along with Oscar Wayman acting on his own behalf and as the father of Lora’s children, executed a deed conveying the real estate to John Mercer’s son, Fred Mercer (plaintiff). Fred Mercer and his family operated the land as a working farm for thirty-four years. Fred paid the real estate taxes for the property and took out mortgages against the property. Fred Mercer entered into three different oil and gas leases during the time that he occupied the property. The children of Lora Wayman also executed an oil and gas lease during the time that Mercer occupied the property. Fred Mercer filed suit seeking to vacate the lease executed by the children of Lora Wayman. The trial court ruled in Mercer’s favor on the grounds that the Wayman children’s claim was barred by the statute of limitations. The Wayman children appealed.

Rule of Law


Holding and Reasoning (Davis, J.)

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