Russell v. Mandell

Citations

• 73 Ill. 136

Syllabus

<p>1. Burnt record—abstracts of title admitted in evidence. Where the evidence shows that a deed has been destroyed, and that the record of it has also been destroyed, an abstract shown to have been made in the ordinary course of business, and delivered to the parties interested in the land, is, as to such deed at least, competent evidence under the 24tli section of the Burnt Record Act.</p> <p>2. Limitation—meaning of “good faith,” in act of 1839. Where there is no actual fraud, and no proof showing that the color of title was acquired in bad faith, which means fraud, it will be held (o have been acquired in good faith, notwithstanding the party acquiring it had notice of the defects in it, which prevented its being an absolute title.</p> <p>3. Same—possession necesscury under act of 1839. In order to constitute possession under the first section of the Limitation Act of 1839, actual residence is not necessary, but such possession may be by any use that clearly indicates an appropriation of the land by the person claiming to hold it.</p> <p>4. Same—payment of tames. Where land is sold one year, and the purchaser put into possession, but, owing to the absence of the grantor, the deed is not executed until the following year, payment of taxes made by the purchaser whilst in possession, will enure to the benefit of liis title when consummated by the execution of the deed to him.</p>