Elston v. Kennicott

Citations

• 46 Ill. 187

Syllabus

<p>1. Postponement of trial—of the rights of parties. When, during the pendency of a trial, the defendant dies, and a scire facias issues to the widow and heirs, and they appear and defend, and after the death of the defendant, the plaintiffs file a new declaration, a postponement, granting leave to the defendants to plead to the new declaration, and present additional testimony, was in aid of justice in the new aspect of the case.</p> <p>2. Evidence—of refreshing a witness’ recollection. A witness can testify only to such facts as are within his own knowledge and recollection, though he is allowed to refresh and assist his memory by the use of a written instrument, memorandum or entry in a book; but after inspecting the writing, he must be able to speak to the facts from his own recollection.</p> <p>3. Limitation act of 1839—what constitutes color of title. All that is necessary under the act of 1839, is, that the instrument relied on as color of title, ■ shall purport on its face to convey title to the grantee.</p> <p>4. So that a party who is defending his possession under claim and color of . title, need not resort to the most remote link in the chain of title under which he claims, but it is enough if he commences to deduce his color of title from any intervening deed, which was executed prior to the commencement of the seven years, during which he expects to show possession and payment of taxes.</p> <p>6. Where a party holding color of title to land, sells the same and receives the purchase money, and executes the deed to the purchaser by a wrong name, the deed being intended for the purchaser, and he receiving it as his deed, and entering into possession under it, such deed will be color of title to the purchaser, though in a wrong name.</p> <p>6. But if there is no such person as the one named as grantee in the deed, then the legal title will not pass out of the vendor, but will be held by him as. trustee for his vendee, and a payment of taxes by the latter,