Holbrook v. Debo

Citations

• 99 Ill. 372
• 1881 Ill. LEXIS 184

Syllabus

<p>1. Limitation — payment of taxes for seven years. It is essential to a defence under the Limitation law of 1839, by payment of taxes under color of title, that the full period of seven years intervene between the time of the first payment of taxes and the commencement of the suit.</p> <p>2. Conveyance — inuring of subsequently acquired title. A deed not purporting to convey an estate in fee simple absolute in the lands, as, where it remises, releases and quitclaims to the grantee, his heirs and assigns, forever, all the right, estate, title and demand whatsoever which the grantor has or ought to have to the property, is not such a conveyance as that an after acquired title of the grantor will inure to the grantee under our statute on that subject.</p> <p>3. Same — inuring of after acquired title by way of estoppel. If one conveys lands or real estate with a general covenant of warranty against all lawful claims and demands, he can not be allowed to set up, as against his grantee or those claiming under him, any title subsequently acquired, either by purchase or otherwise, but such new title will inure, by way of estoppel, to the use and benefit of his grantee, his heirs and assigns.</p> <p>4. But where the deed on its face does not purport to convey an indefeasible estate, but only the right, title and interest of the grantor, although the deed may contain a general covenant of warranty, the doctrine of estoppel will not apply so as to pass an after acquired estate to the grantee. The covenants of warranty in a deed are limited and restrained by the estate conveyed on the face of the deed.</p> <p>5. Where a deed released to the grantee “all such right, estate, title and demand whatsoever” as the grantor had, “ or ought to have,” in and to the lots, “ to have and to hold the above described premises,” so that neither the grantor nor his heirs should claim any “ title to the premises or any part thereof,” it was held only a release of such right as the releasor had