Hubbard v. Stearns

Citations

• 86 Ill. 35

Syllabus

<p>1. Limitations—twenty years, under act of 1827. Under the limitation law of 1827, adverse possession under a claim of ownership for the period of twenty years will bar the owner of a recovery, and it is not essential that the-party who takes possession and holds adversely should enter under a deed or muniment of title.</p> <p>2. ’Where two purchasers of adjoining lots each took possession of his lot up to a division fence, supposed to have been on the line between the two lots, and by themselves and grantees held such possession for twenty years, claiming title to such fence, it was held that it was immaterial whether such fence formed, the true boundary line or not, as the right of either party to claim beyond such fence was barred under the limitation law of 1827.</p> <p>3. Division line — by agreement or acquiescence. Where adjoining landowners agree upon a line dividing their lands, and enter into possession and occupy according to such line, they will be concluded from afterwards disputing such line as the true one; and the rule is the same where parties, for a period of twenty years, acquiesce in such a line.</p>