Dugan v. Follett

Citations

• 100 Ill. 581
• 1881 Ill. LEXIS 149

Syllabus

<p>1. Conveyance—inuring of an after acquired title* Where a party joins in a warranty deed purporting to convey a fee simple estate in a tract of land, an after acquired interest in him will inure by way of estoppel to his grantee.</p> <p>2. Limitation—as between tenants in common. • The general rule is, that the Statute of Limitations does not run as between tenants in common, for the reason, in part, that the iiossession of one is that of all, and this is especially so when all the parties derive title from the same deed or conveyance.</p> <p>3. Same—of adverse possession as between tenants in common. While mere possession alone, except possibly in very extreme cases, will not be sufficient to establish an adverse holding by one tenant in common against another, yet in such case, other considerations even short of an ouster may be sufficient for that purpose.</p> <p>4. Where a party and his immediate grantor for more than seven years have held the undisputed possession of land under warranty deeds purporting to convey to the grantees a fee simple estate, without knowledge that any other persons had any claim to the premises, during all which time they' had the exclusive enjoyment of the rents and profits without having accounted to any one, or having been required to do so, such possession will be regarded as adverse against others having an interest in the land as tenants in common with the person so in possession.</p> <p>5. Same—does not run until the right of action accrues. The Statute' of Limitations does not commence to run until the right of action or right of entry accrues. It therefore does not commence to run against a remainder-man until the termination of the precedent estate, when the deed creating such prior estate is of record, or the party in possession has notice of its existence.</p> <p>6. Where a party has held the undisputed possession of land under a warranty deed for more than seven years, during which time he has paid all taxes legally asse