Illinois Central Railroad v. Houghton

Citations

• 126 Ill. 233
• 1 L.R.A. 213

Syllabus

<p>1. Conveyance—what estate passes—whether the fee. A conveyance of a strip of land on each side of a railway, for the expressed purpose of constructing, maintaining and operating thereon a single or double track railroad, with all its necessary appurtenances, etc., to have and to hold the same to the company, it successors and assigns forever, “for all lawful uses and purposes incident to a full and indefeasible title in fee simple,” etc., while it may not pass an estate in fee, yet so far as the right of possession for railroad purposes is concerned, the estate conveyed has most of the qualities of a fee. Under such a deed the right of possession conveyed is exclusive, and wholly inconsistent with the subsequent possession of the land, or any part of it, by the grantor.</p> <p>2. Limitation—twenty years’ adverse possession—and herein, what constitutes an adverse possession. The hostile possession of land under claim of title, when such possession is inconsistent with the owner’s title, constitutes an adverse possession, and when such possession continues for twenty years, the owner of the title will be barred from his action for the recovery of such land.</p> <p>3. To constitute an adverse possession sufficient to defeat the right of action of the party who has the legal title, the possession must be hostile in its inception, and so continued without interruption for the period of twenty years. It must be an actual, visible and exclusive possession, acquired and retained under claim of title inconsistent with that of the true owner. It need not, however, be under a rightful claim, or even under a muniment of title.</p> <p>4. Nor is it essential that there should be proof that the party in possession made oral declarations of claim of title, but it will be sufficient if the proof shows that he has so acted as to clearly indicate that he did claim title. The occupation and use of land is the ordinary mode of asserting a claim of title, and no words can more satisfa