Sholl v. German Coal Co.

Citations

• 139 Ill. 21
• 28 N.E. 748

Syllabus

<p>1. Deed—conveying mining privilege—construed. Where the owner of land made a deed of conveyance, in which was conveyed a tract described, and also the privilege of mining for coal under a one-acre tract near the first tract, it was held, that after the coal was all mined from the one-acre tract the grantee had no further rights in the same, and that the deed gave no perpetual license to go over such tract in passing from the first tract.</p> <p>2. A clause in a deed or contract conferring the privilege of mining for coal under a tract of land, means nothing more or less than the right to enter on the land and remove the coal, and when the coal is all removed the right conferred will cease.</p> <p>3. Eminent domain—petitioner disputing title of defendant. Where the petition for the condemnation of land for a right of way does not allege the absolute ownership of a defendant, and possession is taken, but not under any order or process of the court, and the judgment of condemnation is reversed, the petitioner will not thereby be estopped from disputing the title of the defendant.</p> <p>4. Ejectment—seven years’ possession and, payment of taxes under color of title. Where a party, under a deed which is color of title, holds adverse possession and pays all taxes upon the land for seven successive years, he will thereby acquire such a title under the act of 1839 as will . authorize a recovery in ejectment by him against any one intruding upon his possession^</p> <p>5. Same—possession and payment of taxes, after divestiture of title. After one has been divested of his title by his deed of conveyance, or by a decree of court in a proceeding to which he was a party, his adverse possession of the land and payment of taxes for seven successive years will not operate as a bar to an action by the rightful owner under the Limitation act of 1839, for the reason that such possession and payment of taxes are not accompanied by any color of title.</p> <p>6. Color oe title—erroneo