Dryden v. Newman

Citations

• 116 Ill. 186
• 4 N.E. 768

Syllabus

<p>1. Limitation—under act of 1839—right limited to the color of title, •as to its extent. In 1856, the owner of the undivided one-third of a tract of land made a warranty deed to A, purporting to convey to him the undivided two-thirds of the same, and A, in 1866, executed a similar deed to B, purporting to convey a like interest. A and B held possession of the premises and paid all taxes thereon for more than seven successive years, the latter ■claiming the entire interest in the same: Iield, that as B’s color of title was for only an undivided two-thirds, his title, under the Limitation law of 1839, ■as against the other co-tenant, must prevail to the extent of his color of title, but no further.</p> <p>2. It is well settled that under the Limitation act of 1839, the color of title of a party must be co-extensive with his claim of title.</p> <p>3. Same—twenty years as against tenant in common. To bar the right of entry of one tenant m common by twenty years’ actual possession of land by his co-tenant, not under color of title, such possession must be so adverse and -hostile in its character as to amount to a constructive ouster of the former.</p>