Jackson v. Berner

Citations

• 48 Ill. 203

Syllabus

<p>1. E riDENCE—copies of patents from the Slate. Under section 96 school law of 1857, authorizing the Auditor of Public Accounts, upon certain proof furnished, to issue in lieu of a patent for land, which has been lost or destroyed, “ a duplicate copy ” thereof, it is not necessary that such copy should have affixed to it the seal of State, to render it admissible in evidence for the same purposes for which the original might have been offered.</p> <p>2. Adverse possession—it must he hostile. This court has repeatedly said, that adverse possession, sufficient to defeat the legal title, where there is no paper title, must be hostile in its inception, and continue uninterruptedly for twenty years.</p> <p>3. Former decisions. The case of Turney v. Chamberlain, 15 Ill. 271; JRigg v. Coolc, 4 Gilm. 336, and JMJcGlcllan v. Kellogg, 17 Ill 498, cited in support of this doctrine.</p> <p>4. Adverse Possession—proof of must he clear and positive. Adverse possession is not to be made out by inference, but by clear and positive proof. The possession must be such as to show clearly that the party claims the land as his own, openly and exclusively.</p>