Billings v. Kankakee Coal Co.

Citations

• 67 Ill. 489

Syllabus

<p>1. Tax deed—ambiguity in description. A sheriff’s deed for land sold for taxes, described the land as in “ T. 32 N. R. 9 E,” without stating in what county, State, or east of what meridian it was situate. It was insisted that the deed was void for uncertainty, there being several meridians to which the description could equally apply, but the court held that the ambiguity, being a latent one, was susceptible of explanation by any facts or circumstances showing the land intended. There are no other tracts of land in this State to which the description in the deed is applicable, except these tracts in Will county. And the recital in the deed that the land was sold by the sheriff of Will county, under a judgment of the circuit court of that county for taxes, was held sufficient to show that the land intended was in Will county, Illinois.</p> <p>2. Limitation—under act of 1839—good faith. Where a tax deed was made to James Hervey, and he paid all taxes on the land for over seven successive years, while the land was vacant and unoccupied, which was set up in defense by a party succeeding to his title, against a party claiming under the patent title, the latter contended that the color of title was not acquired in good faith. The facts were, that there were two persons of the name of James Hervey, one residing in Chicago and the other in Canada, the one residing in this State having made the purchase, and having died before the execution of the sheriff’s deed to the other. It appeared that the purchaser turned over his interest to a firm of which the other was a member, or with which he was connected, and • that the deed was made to the latter with the consent of such firm, to be held in trust for them, and that the heirs of the purchaser acquiesced in such arrangement: Held, that the evidence of bad faith was not sufficient to avoid the effect of the tax deed as color of title made in good faith, the presumption being in favor of good faith until rebutted.</p> <p>3. C