McCagg v. Heacock

Citations

• 42 Ill. 153

Syllabus

<p>1. Limitation law op 1839 — of its cha/racter as a limitation la/w, as distinguishable from a la/w transferring title. The second section of the act of 1839 provides, that, when one has acquired color of title in good faith to vacant and unoccupied lands, and has paid the taxes thereon for seven successive years from the time this color of title was acquired, and afterward gets into possession of the land under such title, no title whatever can prevail against him. The statute can be used as a shield to protect him in his possession.</p> <p>3. Should the holder of the paramount title, however, get into possession before the party who has color, and who has paid the taxes for seven successive years, such possession is protected.</p> <p>3. The act is a limitation law only, and not a law by which the property of one man can be transferred to another. It does not confer title on the party who may be in a position to invoke its protection, but clothes him merely with defensive armor, which becomes invulnerable, if possession be taken.</p> <p>4. Former decisions. The opinion of the court delivered in this case on a former hearing, at the April Term, 1864, and as reported in 34 HI. 477, in which it is declared to be the legal conclusion, under the statute, that the possessor who has conformed to its conditions, is the true owner, is modified so far as it conflicts with the rule above laid down.</p> <p>5. And that part of the opinion in the case of Jfewland v. Marsh, 19 HI 385, which declares that the party may avail himself of the bar whether he is sued while in or out of possession, is dictum, merely, so far as it expresses any rule as to his right to interpose the statute if out of possession, as that was not a question before the court. The rule is understood to be, that the statute can be used as a shield to protect a party in possession.</p> <p>6. Consideration for a conveyance of land—what is sufficient. A release by a mortgagee to a mortgagor of a part of the pre