Brian v. Melton

Citations

• 125 Ill. 647
• 18 N.E. 318

Syllabus

<p>1. Limitations—act of 1839—as against claim for dower. The remedy to enforce the right of dower is embraced within the provisions of section 6 -of the Limitation law; and a widow must pursue her remedy within the seven years therein prescribed, or her claim will be effectually barred, as against a party who has been in adverse possession for seven successive years, under claim and color of title acquired in good faith, and has also, during that time, paid all taxes assessed on the land.</p> <p>2. Same—color of title-what constitutes—administrator’s deed. A deed having a grantor and grantee, and containing a description of the land intended to be conveyed, and also apt words of conveyance, is good as color of title under the Limitation act of 1839. It makes no difference that the deed fails to pass an absolute title, because the grantor had none to convey, or had no authority to convey one, or whether such want of authority appears on the face of the instrument or aliunde.</p> <p>3. An administrator’s d§ed of the land of his intestate, making no reservation of the widow’s dower, is good color of title to the entire estate in the land, according to the purport of the deed upon its face, under section 6 of the Limitation law.</p> <p>4. One holding under a deed as color of title, is not obliged to go back to the proceedings which precede the deed, to see if there was proper authority for its execution. So although the petition of an administrator for an order of sale of lands to pay debts, states that the widow has dower in the premises, and the decretal order finds the allegations in the petition to be true, that will not impair the administrator’s deed, which contains no reservation of the dower right, as color of title to the land free of any burden of a claim of dower.</p> <p>5. Same—good faith—the elements of it. The knowledge by the holder •of a deed which is color of title, of an adverse claim to or lien upon the property, does not, of itself, indicate bad fai