O'Neal v. Boone

Citations

• 53 Ill. 35

Syllabus

<p>: 1. Statute oe limitations—claim and color of title. Under the seven years limitation act of this State, where a party rests his claim to land upon color of title, possession and payment of taxes for seven years, the fact that the opposing claimant’s title was recorded, does not interfere with the running of the statute.</p> <p>2. Neither does the giving' of a deed of trust-to the premises, the pos- • session still remaining in the grantor, and the taxes still paid by him, which is subsequently released, upon the payment of the debt secured by the deed, stop the running of the statute by severing the color of title from the payment of taxes, the deed of trust being the same in substance as a mortgage, with power of sale, and under the statute the taxes may be paid either by mortgagor or mortgagee, trustee or cestui que trust.</p> <p>■ 3. Same—not suspended by plaintiff’s •voluntarily ent&ring and remaining in the rebel lines. Where the plaintiff in a suit to recover possession of lands from one holding under color of title and payment of taxes for seven years, had, after the adverse possession and payment of taxes commenced, voluntarily entered and remained in the rebel lines, no matter with what purpose: Held, the running of the statute, was not suspended during such voluntary absence.</p> <p>4. Same—recovery in ejectment against the party holding color of title. A party being in possession of land under color of title, a judgment in ejectment was recovered against him, and he thereupon bought in the title of the plaintiff in the judgment: Held, the color of title and possession under it were not disturbed by the mere judgment in ejectment, nor was the running of the statute thereby suspended.</p>