East St. Louis & Carondelet Railway Co. v. Nugent

Citations

• 147 Ill. 254
• 35 N.E. 464
• 1893 Ill. LEXIS 950

Syllabus

<p>1. Limitation—twenty years adverse possession. Actual possession for twenty years by one claiming title as against the world, constitutes a bar to the claims of others not falling within exceptions of the statute ; and no color of title is necessary to sustain the defense of twenty years limitation under the statute.</p> <p>2. The continued occupation and use of a part of a lot by a railroad company and its grantors as a right of way for its road for over twenty years, the company exercising control over it and using it during that period, will constitute a bar to a recovery by the true owner.</p> <p>3. Same—possession—its extent—under color of title. The doctrine that when a party enters under claim and color of title, his or her possession is to be deemed co-extensive with the description in the deed under which the entry is made, does not apply to such of the described tract as may at the time be in the actual occupancy of another.</p>