Milliken v. Marlin

Citations

• 66 Ill. 13

Syllabus

<p>1. Ejectment—new party plaintiff after verdict. Where the original plaintiff in ejectment died before trial, and the declaration was amended making his heirs plaintiffs, and after verdict in favor of the plaintiffs, the court allowed another heir to be made a co-plaintiff, and rendered judgment in favor of the new plaintiff and the other plaintiffs: Held, that the court erred in allowing the new plaintiff to be joined, and in rendering judgment on the verdict in his favor.</p> <p>2. Same—heirs may be made pwi'ties on death of plaintiff. In ejectment, where the land descends to the heirs, on the death of the plaintiff’ after verdict and before judgment, no doubt, under our statute, the heirs niay revive in their own names, and have judgment on the verdict in favor of their ancestor.</p> <p>3. Limitation—color of title—good faith. The law is settled in this State that the holder of color of title will not be presumed to know of a defect in a prior deed in the chain of title, so as to charge him with bad faith. Hence such holder will not be affected by the fact that the judgment under which the sale was made, through which he claims, was void. t</p> <p>4. Same—proof of payment of tames by pomol. It is the settled rule of law, that the payment of taxes may be proved by parol testimony in ejectment, where the defense relied on is the limitation under the act of 1839, by payment of taxes for seven successive years upon vacant land under color of title.</p> <p>5. Instruction—may be based upon slight evidence. If there is evidence tending to prove a fact, an instruction based upon the same will not be erroneous, although such evidence may be slight.</p> <p>6. Alteration—question of fact. Where an instrument offered in evidence has the appearance of having been altered, as when a portion of it is in a different ink and handwriting from the body of it, the law raises no presumption as to when the change was made, or by whom, but these are questions of fact to be found by t