Wettig v. Bowman

Citations

• 47 Ill. 17

Syllabus

<p>1. Limitation of actions—seven '.years limitation act. Under the seven years limitation act of 1839, a party, in order to claim its benefits, must show, not only claim and color of title made in good faith, but also a continuous possession thereunder for seven successive years and'the payment of all the taxes legally assessed upon the land during that time.</p> <p>2. Same—color of title, possession and payment of taxes must concur. When these three things concur, color of title, possession, and the payment of taxes, for seven successive years, a party will be adjudged the legal owner of the lands to the extent of his paper title, and the bar is complete. But it is immaterial whether the deed is color of title or not, if possession and the payment of taxes the requisite time did not concur.</p> <p>3. Statutes—concerning act for the relief of the settlers in the American Bottom— to whom it applies. The act of February 2, 1859, for the relief of actual settlers in the American Bottom, does not apply to a resident on a town lot in a town located in the American Bottom, or to the owner of such 1'bt, but is expressly limited to those residents whose farms or improvements were submerged by the overflow of the Mississippi river in the summer of 1858, and whose crops were thereby damaged or destroyed.</p> <p>4. Former decisions. The case of Elston et al. v. Kennicott’s heirs, 46 Ill. 187, examined and explained.</p> <p>5. Limitation of actions—seven gears limitation act—sale of lands during the running of the statute—effect of. Where a party, seeking to acquire title under the seven years limitation act, allows the lands to be sold for taxes during the running of the statute, and afterwards redeems from such sale, he will be required to begin de novo, and wait the required time for a deed.</p>