Dolton v. Erb

Citations

• 53 Ill. 289

Syllabus

<p>1. Limitations—bill of review. For errors apparent on the face of the record, a bill of review must be brought within the time allowed for a writ of error.</p> <p>2. Color of title—adverse possession. A party purchased a tract of land from a person, acting as tile attorney in fact of the owner, and paid him the contract price, and not receiving a deed, the purchaser afterwards filed his bill against the unknown heirs of such owner, alleging the death of the latter, and the purchase and payment of the money. Under a decree, the master conveyed to the purchaser, who subsequently sold and conveyed to others, and these entered into possession under their color of title, and paid the taxes for seven years. On a bill filed by a purchaser from the heirs of the original owner, alleging the revocation of the power of attorney under which the first sale was made, by the death of the party executing it, before the sale was made by the attorney, it was held, the possession of those claiming under that sale was adverse, and they could protect themselves under their color of title, possession and payment of taxes for seven years.</p>