Payne v. Markle

Citations

• 89 Ill. 66

Syllabus

<p>1. Contract—construed. Where a grantor of land, after full payment of the purchase money, in consideration of the promise of the grantee to pay him a further sum, agreed to “ show and present to ” the grantee “ a perfect chain of title to said property from the United States government,” within ninety days, but the agreement to pay to be void if the grantor should fail to procure and present such perfect chain of title, it was held, the words, “chain of title from the United States government,” meant the successive links, each perfect in itself, to connect the grantee and invest in him the title of the government, and not merely a colorable title with possession and payment of taxes, sufficient to bar a recovery by an adverse claimant, under the Statute of Limitations.</p> <p>2. French claims—Governor's deed of confirmation passes the government title. Where lands have been confirmed in a party by the Governor’s deed of confirmation, pursuant to act of Congress, the United States, thereafter, has no interest therein which it can sell or patent to another, and a patent issued therefor to a third person passes no title.</p> <p>3. Limitation—color of title. A patent from the United States for lands previously confirmed to another by the Governor of the Northwestern territory, under the act of Congress, while it passes .no title, is good color of title under the Limitation law of 1839.</p>