Jayne v. Gregg

Citations

• 42 Ill. 413

Syllabus

<p>1. Taxes —for whose benefit paid. The principle has been repeatedly settled by this court, that the benefit arising from the payment of taxes upon real estate, by a party without title or interest, does not inure to the benefit of the party claiming under color of title.</p> <p>2. So, where A paid taxes on real estate, from 1853 to 1858 inclusive, and, in March, 1858, conveyed his title to B, who paid the taxes from 1859 to 1863 inclusive ; Held, that A, having parted with his title before the taxes for the year 1858 became a lien upon the land, was under no obligation to pay them; and that B cannot claim the benefit of A’s payment, as against the patent title.</p> <p>3. Residence—when must be shown. The defendant in ejectment, pleading the limitation law of 1853 in bar, fails, if his residence be not shown. In the absence of any evidence, actual residence cannot be presumed.</p> <p>4. Deed — when delivered. In the absence of proof to the contrary, the presumption is, that a deed is delivered on the day of its date.</p>