Kane v. Footh

Citations

• 70 Ill. 587

Syllabus

<p>1. Limitation—seven yea/rs’ payment of tuxes and possession. When a person takes possession of land through a tenant, after receiving a sheriff’s deed, which is color of title, the limitation under the eighth section of the Conveyance act of 1845 will commence running at the date of his first payment of taxes thereafter, and the bar will be complete upon payment of all taxes for seven successive years and possession.</p> <p>2. Sams—possession, how shown. Possession of land under the limitation laws may be shown in different modes. It may be by inclosure, by cultivation, by the erection of buildings or other improvements, or by any visible, open use clearly indicating its appropriation and actual use by the person claiming to own it.</p> <p>3. Pbaotice—special verdict. It is a matter of discretion with the court to instruct the jury to find a special verdict in respect to disputed facts, and error can not be assigned upon the refusal of the court to so instruct.</p> <p>4. Statute—whether word ltmay” means amust.” The word may in a statute will be construed to mean must or shall, when the rights of the public or third persons depend upon the exercise of the power given, or the performance of the duty to which it refers. Such is its meaning in all cases in which the public alone have an interest, or a public duty is imposed upon a public officer. In other cases it does not always mean shall or must.</p>