Riggs v. Henneberry

Citations

• 58 Ill. 134

Syllabus

<p>1, Limitation act of 188wrongful entry under color of title. Where the owner of color of title who has paid taxes on unoccupied land for seven years, enters upon the actual possession of the rightful owner, he is a mere trespasser from the moment of his entry, ,and acquires no possession which the statute will protect.</p> <p>2. And it may well be doubted whether the owner of a merely colorable title, who has paid taxes for seven years While the land was vacant, will be allowed to enter on the actual possession of another and then defend against an action of ejectment by setting up the statute of limitations, even though the person intruded upon can not show the paramount title in himself.</p> <p>8. DbJbd‘—as to the time of its acknowledgment. Where a deed offered in evidence, bears date and is shown to have been in existence prior to the commencement of the suit, an objection that it was acknowledged after the commencement of the suit is not tenable.</p>