Busch v. Huston

Citations

• 75 Ill. 343

Syllabus

<p>1. Limitation—extent to which a deed is claim and color of title. Where a party in possession of land, of which his wife is seized, as heir, of an undivided part, takes a quitclaim deed from one of the other heirs who is seized of an undivided fourth thereof, and who simply released and quit-claimed all his right, title and interest, such deed will constitute good color and claim of title to the extent of the grantor’s interest, but no further,</p> <p>2. Tax title —party bound to pay taxes, cannot await of title growing out of his neglect of duty. Where a party in possession of land, under an agreement to pay the taxes for the owner, suffers the land to be sold for taxes, and a third party to acquire a tax deed therefor, and he afterwards acquires such title, he cannot rely upon the same as against the owner or those claiming under him.</p> <p>3. Tenants in common—husband of one purchasing outstanding incumbrance. Where the husband of a co-heiress, in possession of land, purchases an outstanding incumbrance or tax title on the lands of the heirs, he will be held to have purchased for the benefit of all the tenants in common, upon condition only that they shall contribute their respective portions of the consideration actually paid by him.</p> <p>4. Adverse possession — under limitation law of twenty yea/rs. Where a party occupied land as the tenant of the owner until the death of the latter, and after that held possession in right of his wife, who was an heir of the deceased owner, during which he acquired the interest of several of the other heirs, he always recognizing their claims: MM, that his possession after the death of the owner was not adverse to the remaining heirs, but in consonance with their rights.</p> <p>5. Same — to show disseizin of co-tenant. Where one tenant in common is in possession of land, it requires clear and satisfactory proof of a subsequent disseizin of a co-tenant, to characterize his possession as being adverse, so as by lapse of tim