Chicago, Rock Island & Pacific Railway Co. v. Hardt

Citations

• 138 Ill. 120
• 27 N.E. 910
• 1891 Ill. LEXIS 1112

Syllabus

<p>1. Ejectment—title from common source—how put in issue. On the-trial of an action of ejectment, in which the plaintiff filed his affidavit ■ that both parties claimed title through D, the defendant, as a witness in his own behalf, produced and identified these deeds from Mto himself as color of title, and testified that these were the only deeds under* which he claimed the title : Held, that his sworn statement was not sufficient to show that he did not claim title under D, as the latter may, after making the deed under which the plaintiff claimed, have made a deed to M of the same premises.</p> <p>2. \Where the plaintiff in ejectment shows that \both parties claim title through a common source, and the defendant denies, under oath, that he claims title under such source, or swears “that he claims title through some other source,” this will impose on the plaintiff the burden of going back of the common source and tracing his title from the United States.</p> <p>3. Same—denial of common source—most strongly against defendant. The defendant’s response to the'plaintiff’s oath that both parties claim under a common source, must be under oath, and, whether made by written affidavit or in the form of an oral statement at the trial, is in the nature of a pleading and is to be taken and construed most strongly against him.</p> <p>4. Same—plea of “not guilty” alone, admits possession. Where the defendant in ejectment files only the plea of not guilty, he thereby admits his possession of the entire premises claimed in the declaration.</p> <p>5. Limitation—color of title, possession and payment of taxes. To establish a bar under section 6 of the Limitation act, the possession and payment of the taxes must both relate to the same land which is described in the color of title. The identity of the premises covered by the color of title with all or some portion of the land in suit must be shown, otherwise the color, possession and payment of taxes are wholly immaterial to the i