Morse v. Seibold

Citations

• 147 Ill. 318
• 35 N.E. 369

Syllabus

<p>1. Limitation—when possession becomes adverse. Possession of land taken under a deed made by the holder of a certificate of purchase under sheriff’s sale, before the time of redemption expired, which deed provided that in case the land should be redeemed from the sheriff’s sale the grantor would refund the purchase money to the grantee, would not become adverse from the date of the deed, but only from the time the right of redemption expired.</p> <p>2. Adverse possession of land sufficient to defeat the legal title under, the twenty years’ limitation law must be hostile in its inception and its character, and must so continue uninterruptedly for twenty years. It must be under a claim as against the world. So long as the possession is consistent with or in submission to the title of the real owner it is not adverse.</p> <p>3. Laches—as against bill for specific performance. On January 2, 1883, A sold to B a tract of land, a part of the price paid down, the balance to be paid in certain installments, when a warranty deed was to be made.' A’s title being defective, he, in June, 1883, and again in January, 1886, tendered to B a special warranty deed and demanded payment of the balance of the price, which the latter refused. A then offered to return the purchase money received and to rescind the contract. B neither offered to rescind nor made any tender of the unpaid purchase money, but on ¡November 4,1889, filed his bill for the specific performance of the contract: Held, that B’s laches was such as to defeat the relief sought.</p> <p>4. Same—defined. Laches has been defined to be such neglect or omission to assert a right, as, taken in conjunction with lapse of time more or less great, and other circumstances causing prejudice to the opposite party, operates as a bar in a court of equity.</p> <p>5. Specific pebfobmance—when refused. As a general rule, the specific performance of a contract will not be decreed, when, from a view of all the circumstances of the case,