Hurlbut v. Bradford

Citations

• 109 Ill. 397

Syllabus

<p>1. Limitation—act of 1839—payment of taxes—first and last payment—whether seven years must intervene. The payment of all taxes on vacant and unoccupied land by a party, under color of title acquired in good faith, before possession taken, is a bar to an action of ejectment brought by the owner of the paramount title, even though the last payment of taxes is made more than four months less than seven years from the first payment, where possession is not taken under the color of title until after seven years have elapsed since the first payment.</p> <p>2. Same—former decisions. In Meacham v. Winstanly, 77 Ill. 269, it is inadvertently said that there must be seven years between the first and last payments, to complete the statutory bar. In that case it was not intended to overrule the cases of McConnel v. Konepel, 46 Ill. 519, and Clark v. Lyon, 45 id. 388. That question was not presented by the record, and in so far as it conflicts with those prior decisions it is overruled.</p> <p>3. Same—by whom the taxes must be paid. To create the statutory bar, the claim and color of title must coincide with the payment of taxes for seven successive years. The person paying the taxes must in some way be interested in or connected with the claim and color of title. A payment by a stranger to the claim and color of title does not answer the requirements of the statute.</p> <p>4. Same—as to proof of payment by the proper person. To defeat the parmount title by the payment of taxes under color of title, the proof of the payments by the holder of the color of title, or some one interested in the same, or on his behalf, must be clear and convincing. Such titles should not be overcome by loose and uncertain testimony, or upon mere conjecture or violent presumptions.</p> <p>5. The holder of claim and color of title to vacant and unoccupied land, paid the taxes thereon in November, 1839, and soon after died. The receipts for the taxes of 1840,1842 and 1843 were in his name, instead of