Markoe v. Wakeman

Citations

• 107 Ill. 251
• 1883 Ill. LEXIS 257

Syllabus

<p>1. Partition—when presumed, from acts of the parties. A and B acquired title to a quarter section of land, in 1835, by an assignment of a certificate of purchase from the United States, and the patent was issued to them in 1839. On July 7,1836, B signed a contract for the sale of the undivided half of the quarter to 0, and on September 8, 1836, conveyed to 0, in New York City, the east half of the quarter. Before the date of this deed A gave to B a power of attorney to sell the west half of the tract, which power of attorney B took with him to New York. On November 29, 1839, A went to New York, where he made a warranty deed to D for the west half of the tract, which he left with B until proper securities should be given. These deeds were all recorded in the proper county. A afterward learning that the securities were worthless, in 1838 filed his bill in the New York court seeking a rescission of his contract of sale, asserting his ownership of the west half of the quarter, and asking to be reinvested with the title. C, and those claiming the east half of the quarter under him, paid all the taxes thereon, A paying no part thereof, though residing in the same county, making no claim to such east half: Held, that from these and other facts, in view of the acquiescence of A for so many years, a partition of the land between A and B in 1836, by deed, would be presumed, if necessary, and that A was not entitled to a partition of the east half of the quarter.</p> <p>2. In such case, the purohase from B of the east half of the tract after partition could not be affected by any fraud, actual or supposed, by B, in delivering A’s deed for the west half upon worthless security.</p> <p>3. Tenants in common—of their rights as to a specific part of an entire tract. A patent to two persons as tenants in common of a quarter section of land, clothes each with title to the undivided half of the entire quarter. It does not give to either an undivided half of any specific part of the