Timmons v. Kidwell

Citations

• 149 Ill. 507
• 36 N.E. 974

Syllabus

<p>1. Ejectment—proof of title by plaintiff. On the trial oí an action of ejectment the plaintiff gave in evidence a deed from Ato B, dated November 12, 1812, for the land, and a deed from B and wife to O for the premises, and the proof showed that 0 took immediate possession, and held the same until December, 1868, when he made a verbal sale of the land for $550 to óne D., who went into possession, and never paid but a small part of the purchase money. 0 died, having devised the premises to the plaintiff: Held, that the plaintiff, in the absence of proof of a paramount title by the defendants, was entitled to recover.</p> <p>2. Limitation—under the act of 1839—payment of taxes. Under the Limitation law of 1839, the continued possession of the land under color of title is not sufficient to create a bar. Another element is required to make paramount title, and that is, seven successive years’ payment of taxes in connection with the seven years’ possession. The evidence must show payment of the taxes by the holder of the color of title.</p> <p>3. The law does not require the holder of the color of title to go to the tax collector in person and make payment, but if the taxes are paid by any person for him or her, under his or her title, this will answer the requirements of the law.</p> <p>4. The taxes must have been paid by or in behalf of the person having color of title and possession, and the burden rests on the party claiming under the Limitation law to establish that fact.</p>