West Chicago Park Commissioners v. Coleman

Citations

• 108 Ill. 591
• 1884 Ill. LEXIS 1519

Syllabus

<p>1. Limitation—act of 1839—payment of taxes by one of several tenants in common. One seeking as tenant in common to avail himself of the possession and payment of taxes by his co-tenant, under the Limitation act of 1839, is not required to first show tjie conveyance or conveyances under which they claim, passed the absolute title. The transfer of the paramount title is not essential to a co-tenancy or tenancy in common.</p> <p>2. Where a tenant in common, holding an undivided half of the title or color of title, pays all the taxes assessed and levied upon the entire interest, it will be presumed such payment was made for the other co-tenant as well as for the one so paj’ing. All acts done by a co-tenant relating to or affecting the common property, will be presumed to have been done for the common benefit of all.</p> <p>3. Same—of the proof of the payment of taxes. Where it is positively sworn by a person that he paid all taxes on a tract of land for seven successive years, and that at the time he had no claim to any other land in the locality, it can make no difference that some of the tax receipts given in evidence do not accurately describe the land.</p> <p>4. Tenancy in common—pa/ramonnt title not essential. Where a conveyance of land is made to two or more persons, and possession is taken under it, the grantees in the deed become tenants in common, although the grantor may have had no title to the premises to convey. In such case an inchoate right is created in the grantees, which, by possession and payment of taxes for the requisite period, will ripen into a perfect title, thereby defeating the former paramount title.</p> <p>5. Same—acts of one tenant inure to all. One tenant in common can not strengthen his own position, or obtain an advantage over his co-tenants; by purchasing an adverse outstanding title in his own name. So the payment of taxes by one inures to the benefit of all. '</p> <p>6. Tenancy by entirety—and tenancy in common, as to the same tract