Huls v. Buntin

Citations

• 47 Ill. 396

Syllabus

<p>1. Secondary evidence—in case of lost patent. Where a party in ejectment relies upon a patent title, and alleges the loss of the patent, the book filed in the county clerk’s office, giving the names of purchasers and the date of each entry of land in the county, not certified to by the register of the land office, is not admissible in evidence to prove the entry of the land.</p> <p>2. Evidence—attacking judicial proceedings collaterally. Where the court has jurisdiction of the subject matter and of the parties, and has adjudicated in the case, that determination cannot be attacked collaterally, however erroneous.</p> <p>But, if the jurisdiction were wanting, the decree and proceedings under it would not bind any one, and may be attacked in any legal proceeding.</p> <p>3. Evidence in ejectment—where parties claim from a common source of title. Where the parties in ejectment both claim from a common source of title, it is not necessary for either to trace title beyond such common source.</p> <p>4. Rebutting evidence—what constitutes. Where a defendant in ejectment sets up the statute of limitations, the plaintiff may show, in rebuttal thereof, that the persons under whom he claims were minors, against whom the statute could not run. Such evidence on the part of the plaintiff is properly rebutting, and not evidence in chief.</p> <p>6. Married women—administratrix—power to convey land. An administratrix who is a married woman, may convey land in her fiduciary capacity, without her husband joining therein.</p> <p>6. Grantee oe minor heirs—statute of limitations. Where persons, who have inherited title to land, were in their minority at the time their title accrued, and afterwards conveyed the land to a third person, such grantee, in asserting his title in ejectment, as against a person defending under the statute of limitations, may show the disability of his grantors at any time within the statutory period, and thus prevent the bar.</p> <p>1. The statute of limitatio