Bracken v. Cooper

Citations

• 80 Ill. 221

Syllabus

<p>1. Tenants nr common—possession of one for all. A party died, claiming real estate, having paid taxes on it for one or two year's, and his executor treated it as belonging to the estate, and paid taxes on it so long as he managed the estate, and after he ceased to manage the estate, a son of the testator, who was one of his devisees, paid taxes on it for three years, and then put a tenant in possession, who remained there until another bought him out, who remained in possession up to the time of filing a bill for partition by the sons and devisees of the testator: Held, that the son of the testator who took possession of the land was, by reason of such possession and claim of title, to be taken as the legal owner of the land until some one appeared who could set up a better right, and he having confessed his possession to be for himself and his brothers, he and they, or their assigns, were, as respected themselves, to be treated as tenants in common of the land.</p> <p>2. Tax title—5y whom may he acquired. A party having recognized and acted upon a claim of title through the will of one claiming to own it, and who devised it to his three sons, by purchasing the interest of one of the sons, under a sale on execution against him, and by purchase from the heirs at law of another of the sons, can not be permitted to set up a tax title acquired through a sale made for taxes to one who was at the time acting as the agent of one of the tenants in common, and for the benefit of all, to defeat the right of the other tenants in common to a partition. A tax deed acquired under such circumstances could have no greater effect than that of the payment of taxes on behalf of the tenants in common, unless it might be to stand as a security for the taxes and expenses paid.</p> <p>S. Tenants in common—outstanding title acquired, hy one. A tenant in common can not purchase in an outstanding title for his own exclusive benefit as against the interest of his co-tenant.</p> <p>4. Where