Guertin v. Mombleau

Citations

• 144 Ill. 32
• 33 N.E. 49

Syllabus

<p>1. Conveyances—idem, sonans — identity of person. Where land is conveyed to Mitchell Allen, and a deed is given by Mitchell Attain, the latter will pass the title that was in Mitchell Allen. The names ‘Allen ” and “Allain,” being idem sonans, it will be presumed that they are the names of the same person.</p> <p>2. Same—acknowledgment before a notary—out of his county. A notary public is authorized by the statute (sec. 9, chap. 99), to take the acknowledgment of a deed in a different county from that in which he resides.</p> <p>3. Same — of after-acquired title — married woman. In 1872, and before the Act of 1874, enlarging the powers of married women, a husband and wife made a deed purporting to convey the title to certain lots which the wife claimed, but as to part of which she had no title; it was held that an after-acquired title of the wife passed to the grantee of her and her husband.</p> <p>4. Limitations — color of title — after-acquired title. Where a person not having the title to land, or the whole of the title, conveys the same by a deed, which purports to convey the title, a subsequent deed to such person, by one having title, will inure to the benefit of the holder under the first deed, and can not be relied on as color of title under the limitation law by the grantor in such subsequent deed.</p> <p>5. Same—Act of 1839 —facts essential to constitute a bar. To constitute a bar under the Limitation Act of 1839, three things must concur;— color of title acquired in good faith, and possession and payment of taxes for seven successive years. The absence of either requisite is fatal to the defense.</p> <p>6. Appeals and writs of error— amending bill of exceptions — in matter of form. An amendment of a bill of exceptions filed at a succeeding term, in a matter of form, when it appears in the record that there is enough to amend by, will not be stricken from the files in this court.</p>