Thomas v. Eckard

Citations

• 88 Ill. 593

Syllabus

<p>1. Limitation—color of title. Where a party had conveyed land to another, in trust for the benefit of a portion of the creditors of a railroad company, it was held, that a sheriff’s deed to the grantor for the same land, based on a sale under execution issued on a judgment against the railroad company, as also a tax deed to the same party, were color of title, under the limitation law.</p> <p>2. Deed to trustees—what interest passes, and tó'whom. Where premises were conveyed in trust to trustees to be held for the benefit of certain creditors of a railroad company, with power to sell the property for the payment of such creditors, it was held, that the company took no legal title to the land, or any such interest as could be sold on execution, and that the same could not be sold on execution against the creditors of the company.</p> <p>3. Deed—condition as to talcing effect, construed. A condition in a deed, “ that this conveyance shall not take effect until the plat of this town of Topeka shall be recorded, but shall take effect from such recording,” requires more than the mere spreading of a plat on the record. It is only satisfied when the plat is made, acknowledged and recorded in the manner required by the statute, so as to become valid and binding as a town plat.</p> <p>4. Town plat—essentials to its validity. A town plat, to become valid and operative, must be made in conformity to the statute, which requires that a survey or plat shall be made by the county surveyor and certified by him, and that the person making the plat or map of the town, etc., shall acknowledge the same before a justice of the Supreme or judge of a circuit court, or a justice of the peace of the county where the land lies, and be acknowledged by the owners of the land.</p> <p>5. A town plat not certified by the county surveyor, and not acknowledged before one of the officers named in the law, is essentially defective. And a certificate of acknowledgment which does not state that the