Stewart v. Duffy

Citations

• 116 Ill. 47
• 6 N.E. 424

Syllabus

<p>1. Limitation—twenty years’ adverse possession. Twenty years’ adverse possession of land under a continuous assertion of ownership hostile to all others, constitutes a bar to any right of entry by one not within any saving clause of the statute, claiming paramount title, whether the claim of the party in possession is rightful or not, or even under a muniment of title.</p> <p>2. A daughter, under a parol gift of her father, entered into possession of a tract of laud in 1856, and continued to occupy the same ever since. Prior to the death of her husband, in 1862 or 1863, the taxes were paid in his name, and after that in her own name, during all which time her nephew, the only other heir, treated the land as belonging to her, and never claimed any interest therein, and when going into bankruptcy did not schedule any interest in the same: Held, that not only the nephew was estopped from claiming any interest in the land, but that a purchaser cf his assignee was equally concluded, and barred of any right of entry.</p> <p>3. Sedation of trust and confidence—of rights acquired thereunder. Equity will not permit a party to obtain an unconscionable advantage of another whom he has assumed to'serve, even though the services he proposes to render would be gratuitously bestowed. If he consents to act through mere friendship, he must do so in good faith, and he will not be allowed to take advantage Of or profit by his relation.</p> <p>4. Where one occupies the relation of a friend and confidential adviser of another, who reposes confidence in his fidelity, a court of equity will not permit the person bolding such relation to acquire rights antagonistic to the person he assumes to serve, in property about which he has undertaken to counsel and advise such person.</p> <p>5. So where the general agent and confidential adviser of a widow lady, who looked after her interests, acquired an adverse title to her land, professedly for her use and benefit, at a price greatly less than