Tomlin v. Hilyard

Citations

• 43 Ill. 300

Syllabus

<p>1. Tenants in common—parol partition between—effect of. A parol partition of lands between tenants in common, when followed by a several possession, gives to each the rights and incidents of an exclusive possession of Ms property.</p> <p>3. Same—of the legal title—conveyance maybe compelled, In such case, while the legal title might not be considered as having passed, unless after a possession sufficiently long to justify the presumption of a deed, yet each co tenant would stand seized of the legal title of one-half of Ms allotment and the equitable title to the other half, and could compel from Ms co-tenant a conveyance according to the terms of the partition.</p> <p>3. Homestead eight—to what character of estate it may attach. The homestead law protects equally an equitable as well as a legal title to lands, and when a parol partition between tenants in common was had, followed by a several possession, and before judgment lien attached, each can claim the homestead right, even though the legal title to one-half of his allotment be in the other, as each held it since partition as trustee for the other.</p> <p>4. Possession—severance of—between tenants in common—proof of. A mere severance of possession between tenants in common, may be inferred from far less proof than would be required to show a sale of land to a stranger.</p> <p>6. Witness — cannot testify as to matter of law. An interrogatory asking a witness to swear as to a matter, which in part was a question of law, is improper.</p>