Rigor v. Frye

Citations

• 62 Ill. 507

Syllabus

<p>i</p> <p>1. Color of title—limitation. A bond conditioned for the execution and delivery of a deed upon a compliance with its terms in the future is not color of title within any fair construction • that has been or can be given to the 8th section of Oh. 24 B. S. 1845. It does not, on its face, purport to convey title.</p> <p>2. Same. To constitute color of title under either the eighth or ninth sections of this statute, the deed or instrument must purport, on its face, to convey the title to the land to the grantee named. It must apparently transfer the title to the holder of an interest in the land to enable him to invoke the aid of either section of the statute.</p> <p>3. Same. In ejectment, the plaintiff showed a prima facie title to the land in controversy. The defendant had been in possession of the premises seven years before the institution of the suit, and had paid all the taxes legally assessed thereon during that period, but had no deed purporting to convey the title to the same during the first four years of his possession. During that period he only held a bond for a deed from a person whose only claim to the land was a certificate of purchase at a tax sale: Held, that the defendant could not invoke the aid of the eighth section of the conveyance act to defeat a recovery.</p> <p>4. Same. It seems that no distinction can be taken as to what constitutes color of title under the eighth and ninth sections of the conveyance act.</p>