Taylor v. Lawrence

Citations

• 148 Ill. 388
• 36 N.E. 74

Syllabus

<p>1. Limitations—title under section 1 of the act of 1839. In order to establish a bar under section 1 of the act of 1839, the party must prove in himself, first, color of title; second, seven successive years’ possession by himself or grantors under such color of title; and third, payment of taxes during the said seven years’ possession.</p> <p>2. Same—evidence to show who paid taxes. To prove the payment of taxes on a tract of land for the year 1873, a book in the custody of the county clerk, entitled “Collector’s book for the.town * * * for the year 1873,” was offered in evidence. This book showed that the east eighty acres of the quarter section was assessed to A. J. Merrin. Under the head “when and by whom paid,” were the words, “Dec. 6, A. J. Merrin.” As to the other eighty acres the book showed that the same was assessed to Richard Merrin, and paid by him December 13. The collector failed to make a return in the book: Held, that the entries in the collector’s book were competent evidence to prove the payment of the taxes for the year 1873, and that the misspelling of the tax-payer’s name did not affect their admissibility.</p> <p>3. Same—payment of taxes with borrowed money. If a party in the possession of land under color and claim of title borrows the money to pay the taxes of a year from the wife of the owner of the patent title, that fact will not militate against the tax payment made by him in his own name under such color of title.</p> <p>4. Dower—of wife in husband’s land. The statute provides that a wife shall be endowed of the third part of all the lands whereof her deceased husband was seized of an estate of inheritance, at any time during the marriage, unless the same shall have been relinquished in legal form.</p> <p>5. Same—evidence to show relinquishment. A certificate of evidence in a suit in chancery prior to the pending proceeding, showed that the defendant read in evidence the record of a warranty deed from a husband and wife made before th