Gage v. Hampton

Citations

• 127 Ill. 87
• 2 L.R.A. 512

Syllabus

<p>1. Limitation—act of 1889—color of title. A tax deed purporting to convey land to the grantee therein named, is good color of title.</p> <p>2. Same—as to vacant and unoccupied land. Where the holder of color of title, acquired in good faith, pays all the taxes legally assessed upon the land to which the color of title relates, for seven successive years, while it remains vacant and unoccupied, and then takes actual possession by enclosing the same with a fence, the bar of the statute will be complete, and the holder of such title may assert the same, either as a defense, or to regain possession when invaded.</p> <p>3. Evidence—payment of taxes—parol evidence. The payment of taxes may be proved by parol evidence. Tax receipts may be explained, and if a mistake has been made in the description of the land or in the name of the person who actually made the payment, resort may be had to parol evidence to rectify such mistake.</p> <p>4. Same—sufficiency of evidence—to show payment of taxes. To prove the payment of taxes for the years 1880 and 1881 by H. H. Gage, two tax receipts were given in evidence, that for the tax of 1880 reading, “Received of Asahel Gage, by H. H. Gage,” and that for the taxes of 1881 reading, “Received of Asahel Gage,” etc. Asahel Gage testified that he never paid any taxes on 'the property, and never had in his possession any tax receipts for taxes paid .on the property; and H. H. Gage testified that he paid the taxes on the property from 1879 to 1886, both inclusive,— that for the years 1880 and 1881 he paid the taxes, and that he had the tax receipts ever since their issue, but could not tell how the name of Asahel Gage appeared therein: Held, that the evidence showed that H. H. Gage paid the taxes for the two years named.</p> <p>5. Possession—what may constitute.• It is not necessary that a man shall reside upon property in order to obtain or hold possession of it. Possession of land may be acquired and held in different modes,—by inclosure