Hubbard v. Kiddo

Citations

• 87 Ill. 578

Syllabus

<p>1. Possession—what necessary to constitute. It is not necessary that land should be inclosed with a fence, or that a house should be erected upon it, or that it should be reduced to cultivation, to constitute possession of it. Such improvements or acts of dominion over the land, as will indicate to persons residing in the immediate neighborhood who has the exclusive control and management of the land, will be sufficient to constitute possession.</p> <p>2. Same—what is, of Umber land. If the land is a timber lot, and it is controlled and used to supply a farm in the neighborhood with fuel or rails or posts, this will constitute possession, although the land does not join the farm, and is not inclosed.</p> <p>3. Where land is appropriated to such use as it is naturally fitted for, and the manner in which it is used by the person claiming title is such as to notify the public that the owner has asserted dominion over it, such acts will constitute possession.</p> <p>4. Ejectment—title under limitation law. Where the plaintiff and those under whom he claims have had possession of a tract of land under claim and color of title, and paid all taxes assessed thereon for seven successive years, before the entry of the defendant thereon, the plaintiff can maintain ejectment to regain his possession under his title thus acquired.</p>