Austin v. Rust

Citations

• 73 Ill. 491

Syllabus

<p>1. Possxssioic-of uminclosed Za~nd. A party need not have land inclosed before he can be said to be in its actual possession. Where he has color of title, possession may be shown by the constant and uninterrupted use through a series of years, and of timber land, by taking therefrom wood for fuel, fences and other purposes, or it may be shown by actual occupancy of a portion of a tract for which he may have a deed under which possession is held. In such cases, the deed may- be regarded as enlarging the possession to all the land it includes.</p> <p>2. SAarE-'witltout color of t-~tle. Where a person has neither title nor color of title to an uninolosed tract of land, the fact that he, during several years, cut firewood and made rails from the timber on it for the use of his farm, and authorized his tenant to do the same thing during his absence, does not necessarily show actual possession. Such isolated acts may as properly be referred to continuous acts of trespass, as indicating possession.</p> <p>3. DAMAGES-WJtetJteI' excessive. Where a party not in the possession of land entered upon the same deliberately, and tore down and removed a shanty erected thereon by another, with a view to wrest from him whatever possession he had, and thus settle a disputed claim by violence, it was Mid, that ~12~ damages in a suit for the trespass was not excessive.</p>