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· 6/15/1870

Fritz v. Joiner

Citations

  • 54 Ill. 101

Syllabus

<p>1. Color of title—what constitutes. Where a purchaser at a sale of land under execution, received a sheriff’s deed therefor, and afterwards executed a conveyance to a third person, it was held, such deeds constituted color of title, even though the sheriff’s sale was void, and possession and payment of taxes under such color would bar a recovery, under the limitation act of 1889, those claiming under the paramount title being under no disability.</p> <p>2. Burden of proof—as to existence of disabilities. A party relying upon the existence of a disability, to avoid the operation of the statute of limitations, must prove it.</p> <p>3. Cumulative disabilities are of no avail, as against a statute of limitations.</p>

Judges: Lawrence

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