Bolden v. Sherman

Citations

• 101 Ill. 483
• 1882 Ill. LEXIS 114

Syllabus

<p>1. Limitation—possession to defeat legal title. Adverse possession sufficient to defeat the legal title must be hostile in its character, and continue uninterruptedly for twenty years.</p> <p>2. Same—under the act of 1835. To make seven years possession by actual residence a bar to the recovery of land, under the Limitation act of 1835, the party must show that during such possession he had a connected title, in law or equity, deducible of record from this State or the United States.</p> <p>3. Same—under act of 1839—payment of taxes. Where the record shows that both parties in an action of ejectment have paid the taxes on the land in suit for seven years prior to the suit, without showing which paid first, a defence is not made out under the Limitation law of 1839. The burden of proof is upon the defendant setting up the statute, to show that he paid such taxes before the plaintiff. The party paying first in any year is the one who has paid the taxes of that year.</p>