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· 9/15/1870

Jandon v. McDowell

Citations

  • 56 Ill. 53

Syllabus

<p>1. Limitation act of 1835. The defendant, in an ejectment suit, relying on the limitation act of 1835, and seven years’ possession of the premises by actual residence, showed a connected chain of title from the general government to himself by patent, and mesne conveyances purporting to convey the fee: Held, such constituted a prima facie title in fee at law, although it was only apparently a good title, and was the kind of title contemplated by that statute.</p> <p>2. And being derived through a patent from the general government, was a title “ deduced of record,” without regard to whether the deeds of the defendant were recorded or not.</p> <p>3. Same — effect of the recording act. Nor was it any objection that the deed first made by the patentee, under which, through sundry mesne conveyances, the plaintiff claimed, was on record when the patentee conveyed to the remote grantor of the defendant and charged him with notice. The recording laws have no effect on questions arising under the statute of limitations.</p>

Judges: Walker

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