Edwardsville Railroad v. Sawyer

Citations

• 92 Ill. 377

Syllabus

<p>1. Purchaser, at sheriff's sale—conveyance by him before'sheriff’s deed. Where a purchaser of land at a sheriffs sale under execution conveys the land, even by quitclaim deed, after he is entitled to a deed from the sheriff, but before its execution, a deed executed by the sheriff subsequently to such conveyance by the purchaser will have relation back to and take effect from the time the purchaser was entitled to receive it, there being no rights of third persons tobe injuriously affected thereby; so the grantee under the deed from the execution purchaser would take the same title he would if the sheriffs deed had been made prior to such conveyance.</p> <p>2. Conveyance—whether in fee or for life only—omission of words of inheritance. Prior to the act of July 21, 1837, a conveyance of land simply to the grantee by name, without the word “heirs,” would pass only a life estate.</p> <p>3. Execution—sale of reversionary interest—extinction of the intermediate estate. Where the owner of land conveys the same in such manner as only to pass a life estate to his grantee, and the grantor’s .reversionary estate alone is levied upon and sold under execution, upon the death of the person holding the life estate the purchaser under the execution will become seized of the land in fee.</p> <p>4. Pleading and evidence—in ejectment—defence under the general issue—when special plea required. Under the plea of not guilty, in ejectment, the possession of the premises as they are described and defined in the declaration is, under the statute, admitted, and under the issue upon that plea it is only necessary for the plaintiff to prove title in himself at the time of the commencement of the suit, of the premises described in the declaration. To enable the defendant to raise the question as to the fact of his possession of all or any part of the premises, he must put that fact in issue by special plea.</p> <p>5. Railroads toon eublic highways—power of those having control of public roa