Iberg v. Webb

Citations

• 96 Ill. 415
• 1880 Ill. LEXIS 51

Syllabus

<p>1. Limitation of seven years—must he complete under one section. In order to constitute a bar under, the seven years Limitation law, the party must show a complete performance under either the sixth or seventh section of the act. He can not show part performance under one section and part under the other, and thus blend the provisions of both.</p> <p>2. Same—payment of taxes. A period of full seven years must intervene the day when the first payment of taxes was made and the day of the commencement of suit, to create a bar under the statute. It is not sufficient that payment of taxes for seven years has been made, coupled with color of title.</p> <p>3. The bringing of suit by a portion of tenants in common for a partition of lands against the others, and also against another to remove a cloud upon the title to the land, will avail the tenants in common who are defendants, in preventing the completion of the bar of the Statute of Limitations, as well as those bringing the suit.</p> <p>4. Partition—affirmative relief to defendants. On bill for partition of land and to remove a cloud upon the title, and praying that the holder of the adverse title be required to surrender possession of the premises so that partition could be made, the holder of such title can not assign for error that he was not allowed for improvements when he has not asked for such relief in his answer or otherwise.</p>