Cook v. Norton

Citations

• 48 Ill. 20

Syllabus

<p>1. Limitations — act of 1839. To entitle a person to the protection of the limitation law of 1839, his possession must have been adverse ; or in case of payment of taxes on vacant land, payment must have been made under color of title, held adversely to the rightful owner.</p> <p>2. Same — the grantee of a judgment debtor may hold— as against a purchaser under the execution. The grantee of a judgment debtor, who acquired title before the expiration of the time for redemption, and who has held the title and possession for seven consecutive years thereafter, claiming in his own right, and has paid the taxes as required by the statute, may set up his possession as adverse, and claim the protection of the limitation law, as against a purchaser under the execution.</p> <p>3. Limitation of actions—seven years' limitation act—who may claim benefit of. A junior purchaser may set up the statute of limitation, as against a senior purchaser, from a common grantor, although the elder title may have been duly recorded.</p> <p>4. Landlord and tenant—tenancy by sufferance. And in such case, although the purchaser from the judgment debtor, would be a trespasser, after the execution of the sheriff’s deed, yet, he can in no sense be regarded as a tenant at sufferance ; his entry not having been in subordination to the title of any other person, but as owner of the fee, claiming, in his own right, adversely against all persons, and bis possession continuing of the same character.</p> <p>6. Same—how tenancy by sufferance arises. A tenancy by sufferance, arises from the termination of some estate less than the fee, and held in subordination to the fee.</p>