Lake Shore & Michigan Southern Ry. Co. v. Pittsburg, Ft. Wayne & Chicago Ry. Co.

Citations

• 71 Ill. 38

Syllabus

<p>1. Limitation—seven yea/i's' possession and payment of taxes on railroad. If a railway company in possession of a railroad and its appendages, under a deed which is color of title, acquired in good faith, pays all taxes legally assessed thereon for seven successive years preceding the commencement of a suit in equity to divest its title to land occupied by it as a right of way, this will be a complete defense.</p> <p>2. Same—color of title and good faith. Even if a deed is made from a mere volunteer, without title, it will still be good color of title under the Limitation laws, and the presumption, in the absence of proof to the contrary, is, that it was acquired in good faith.</p> <p>3. Description of land in a deed. A conveyance of railroad property purported to convey “ all and singular the railroad of the Pitts-burg, Port Wayne and Chicago Railway Company, including the right of way therefor, the road-bed thereof, the superstructure of all sorts thereon, its water and station houses and shops, and the lands and grounds connected therewith, and all depots and buildings, fixtures and structures of whatever nature, and the lands and grounds connected therewith, used or provided to be used in operating said road, wherever situated Held, that, the description was good, as the lands intended to be conveyed might be identified and distinguished from all others; and that parol evidence was admissible to identify and connect the land with the description in the deed.</p>