Henrichsen v. Hodgen

Citations

• 67 Ill. 179

Syllabus

<p>1. Partition—-jurisdiction to try an adverse claim of title. In a suit for partition when one of the defendants is in possession, claiming title adversely, the, court having acquired jurisdiction for the purpose of partition, may do complete justice between the parties, and dispose of the whole question of title between them, and thus save the necessity of an action at law.</p> <p>3. Same—proof of title—what- sufficient. Where the record of a partition suit showed that the deceased ancestor, from whose heirs the plaintiff had procured conveyances, received a deed for the lands in 1845, and that he resided on the same at the time of his death in 1848: Held, that this was prima facie evidence of title in fee in such former deceased owner.</p> <p>3. And where the defendant in partition, in his answer, stated that he was unable to state, from his present information, whether such former owner died seized of the land or not, but that he presumed said allegation was true: Held, that this was a sufficient admission of title in such owner at the time of his death.</p> <p>4. Same—decree as to an adverse title in pa/rty in possession. In a suit for the partition of lands in the adverse possession of one claiming title acquired under a sale for taxes, while the court may determine the question of title, yet it will be error, upon finding in favor of the plaintiff, to decree that such defendant’s title be annulled and extinguished as a cloud upon the title of the other party.</p> <p>5. Limitation law of 1839—what is color in good fait\\ Where the widow of a deceased owner of land conveyed her unassigned dower interest in the same, and her grantee conveyed to the defendant in a suit for partition, informing such defendant that he owned nothing but such dower interest, and that was all he could convey: Held, that such deed could not be relied on as color of title made in good faith, to defeat the suit for partition.</p> <p>6. Same—color of title to defeat a partition. Where a