O'Halloran v. Fitzgerald

Citations

• 71 Ill. 53

Syllabus

<p>1. Chancery jurisdiction—matters of fraud and trust. Where a party enters into possession of land as mortgagee and trustee of the owner, and in fraud of the owner’s rights, while holding the land in such position, acquires tax titles on the same, a court of equity will have jurisdiction of a bill by the owner for redemption, and for an account of the rents and profits, and to.remove the adverse title so acquired. In such a case, the main issue is one of fraud in the discharge of a trust, and not the technical validity of the tax titles.</p> <p>2. Trust—title acquired by trustee in possession. Where land was left by the owner in the possession of one as tenant and agent, to look after the same and to acquire the title to a part, and such agent, after the owner’s death, procured a third person to advance $100 to secure the title for the benefit of the widow and heirs of the deceased owner, and gave him possession of the whole of the land out of which to reimburse himself, and such third person, while so in possession, suffered the lands to go to sale, and thereby acquired tax titles to the same: Held, that he became a trustee for the heirs, and that the titles so acquired by him inured to the benefit of his cestuis que trust, but that he had a lien on the lands until reimbursed for all moneys advanced by him.</p> <p>3. One in possession of land as trustee can not buy in an outstanding title, or purchase the land for taxes, and set up the title thus acquired to defeat the title of the cestui que trust, in equity.</p> <p>4. Estoppel—to claim adversely to title under which a party enters. It is a familiar rule of law, that a tenant or trustee who enters into possession of lands, can not claim adversely to the title under which he enters, without first surrendering the possession.</p> <p>5. Limitation—seven years—good faith. A tax deed acquired by a trustee while in the possession of the land, by suffering it to go to sale, can not be set up by him as color of title ac