Stoltz v. Doering

Citations

• 112 Ill. 234

Syllabus

<p>1. Descents — bastards—whether they may take by inheritance. At common law a bastard has no right of inheritance, being regarded as Alius nullius; and this rule is in force in this State. A bastard in this State can not inherit from its father unless he shall have married the mother, and acknowledged the child as his own, but the child may, under the statute, inherit from its mother.</p> <p>2. Same—as to lands—by what laws the inheritance governed—conflict of laws. The descent and heirship of real estate are exclusively governed by the laws of the country within which the property is actually situated. So person can take, except those who are recognized as legitimate heirs by the laws of that country, and they take in the proportions and the order which those laws prescribe. Although a bastard may be entitled in Germany, where born, to inherit from his father, he can not inherit real estate from him situate in this State.</p> <p>3. Marriage—what constitutes marriage—at common law. In the absence of any statutory prohibition, a marriage at common law may be had per verba futuro cum copula; but the copula must be in fulfillment of the agreement to marry, or in consummation of such a contract. The fact that sexual intercourse occurs after the agreement to marry at some future day, is not of itself sufficient to establish the marriage relation. To be availing, the parties, at the time of the copula, must then have accepted each other as husband and wife.</p> <p>4. Limitation—under acts of 1835 and 1839. Under the Limitation law of 1835, seven years’ possession of land by actual residence thereon is not of itself sufficient to create the bar. The occupant must also show a connected title, deducible of record, in connection with the possession.</p> <p>5. Under the Limitation law of 1839, actual possession of land and payment of all taxes thereon for seven years successively, but without color of title, afford no defence to an action by the true owner.</p>