Stumpf v. Osterhage

Citations

• 94 Ill. 115

Syllabus

<p>1. Ejectment—right of recovery. In ejectment the plaintiff must rely on the strength of his own title, and must show in himself a legal title to all the land he recovers, or the judgment can not be sustained.</p> <p>2. Recitals in deed?—upon whom binding. The recitals in a recorded deed or bond will bind no one except the grantors and those claiming under them by grant subsequent to the recitals.</p> <p>3. Limitation—under act of 1835. Proof of possession of land for more than seven years under a title deducible of record from a person authorized to sell by the order of a court, without proof of residence upon the land for that period, does not establish a bar to an action of ejectment.</p> <p>4. Boundary—deed as evidence. In ejectment, where there is a dispute as to the boundary of a tract of land, contained in a grant of four hundred acres, a prior deed embracing a part of the land involved is admissible in evidence, whether the defendant is able to connect himself with such deed or not, as tending to shed some light upon the question of the location of the grantee’s boundary line from the points named in the deed, and fix the land conveyed by subsequent deeds of other parties, and as explaining what part of a larger tract was conveyed by a prior owner to one person, and what part to another, under whom the defendant claims.</p>