Cooter v. Dearborn

Citations

• 115 Ill. 509
• 4 N.E. 388

Syllabus

<p>1. Guardian’s deed—must, be based on decree. A guardian has no power to sell the ward’s land without an order of the proper court, for the purpose of raising funds for the ward’s support and education. Without any petition for leave to sell the ward’s land, and a decree granting leave, the guardian’s deed is absolutely void.</p> <p>2. Limitations—Milder the act of 1889—of the good faith required. Where a party, with full knowledge of the worthlessness of his deed, by misrepresentation as to the value of the land induces the mother of the infant owner to convey the same to him, neither he nor any one claiming through or under him, can claim under it as color of- title made in good faith.</p> <p>3. Same—concurrence of color of title, possession, and payment of taxes. To establish a bar under the seven years’ Limitation law, the possession and the payment of taxes must relate to the same land which is described in the instrument relied on as color of title, and the payment must be for seven successive years.</p> <p>4. Same—as between tenants in common. As a general rule, the Statute of Limitations does not run as between tenants in common, for the reason that the possession of one tenant, in legal contemplation, is the possession of the others; and this is especially so when all parties derive title from the same deed or conveyance. Under the statute, the possession must be adverse before it will begin to run in favor of one tenant in common against the others.</p> <p>5. Laches—excused by infancy and coverture. Where a guardian, without any authority, sold and conveyed his ward’s land in September, 1863, and the ward married before her majority, it was held, that such ward, in view of her infancy and coverture, was not guilty of laches in failing to file a bill until in 1875, to set aside such deed as a cloud upon her title.</p> <p>6. Partition—equalizing interests by money compensation—or owelty. Where an equal partition of land can not otherwise be made, courts of