Hardin v. Crate

Citations

• 60 Ill. 215

Syllabus

<p>1. Coloe or title — good faith. Wliere lands were sold for delinquent taxes under a judgment rendered at a special term, and the sale made at a day later than that fixed by law, and this appeared from the recitals in the deed which purported to convey the land, it was color of title, and the grantee will not be charged with had faith by reason of such recitals. This court having, previous to this sale, intimated that such a sale might be made, and the purchaser having bid the land off and obtained his tax deed before this court held that such a sale could nót be made on a day different from that fixed by law, bad faith will not be attributed to the purchaser and holder of the color of title.</p> <p>2. Agency — good faith. Where persons owned lands, and their agent, to pay taxes, with their assent, and to strengthen their title, purchased the lands at a sale for delinquent taxes, and received a tax deed for the same, and paid all taxes legally assessed thereon for more than seven successive years, and afterwards sold and conveyed the lands to innocent purchasers, and the agency had ceased about the time the lands passed redemption, and the purchasers reduced the lands to actual possession, and the former owners ceased, from the time the lands were conveyed by the tax deed, to give them any attention by paying taxes or otherwise for more than fifteen years, and then only sold them, consisting of 1000 acres, hy quit-claim deed for $200: Held, that bad faith would not be inferred from these circumstances, especially as one of the former owners was a witness in the case, and did not claim that the purchaser at the tax sale paid the taxes or held the land as their agent, nor did he impute any act of bad faith to the holder of the tax title.</p> <p>S. The relation of principal and agent haying terminated after the sale for taxes and before the time for a redemption had expired, bad faith in receiving the tax deed will not be inferred by reason of t}ie existence of their