Scott v. Delany

Citations

• 87 Ill. 146

Syllabus

<p>1. Possession—what constitutes. It is not necessary that land should he inclosed or occupied as a residence to constitute possession under the Limitation act of 1839. Where a part of a tract is reduced to actual use under a deed for the whole, the possession will embrace all the land described in the deed.</p> <p>2. Where a party has title, or color of title, to woodland, and uses the land for the purpose of obtaining wood for fuel, or fencing for a farm in the neighborhood, under a claim of ownership, this will constitute a-possession. So, if a person holding a deed for land enters and clears off a part, with intent to follow up such act with other improvements, this will be possession of the whole.</p> <p>3. Color of title—tax deed. A sheriff’s deed for land sold for taxes is color of title, under the Limitation act of 1839.</p> <p>4. Instruction—repeating. It is not error to refuse an instruction where the substance of it is contained in others given, nor one which takes from the jury the right to pass upon a question of fact.</p> <p>5. Evidence—proof to court and, to .jury. The admission in evidence of a deed by the court, on preliminary proof of its execution, does not relieve the party of proving its execution and delivery to the jury.</p>