Mason v. Ayers

Citations

• 73 Ill. 121

Syllabus

<p>1. Limitation iaw on 1839—color of title. Where a mortgagee attempts to foreclose his mortgage and obtains a deed under a decree of foreclosure, the deed constitutes color of title, although the decree of foreclosure may be erroneous, or even void, provided there is no fraud connected with the attempted foreclosure.</p> <p>2. Same — applicable as bePioeen prior and junior mortgages. A purchaser under a decree foreclosing a senior mortgage, although a junior mortgagee is not made a party to the foreclosure proceedings, acquires by his deed color of title in good faith; and possession of the premises and payment of taxes thereon for seven successive years, under such deed, constitutes a bar to the foreclosure of the.junior mortgage.</p>