Winstanley v. Meacham

Citations

• 58 Ill. 97

Syllabus

<p>1. Allegations and proofs—in ejectment. Where a plaintiff in ejectment, in his declaration claims one estate in the land, he can not recover a different estate. Nor can he claim one undivided interest and recover another and different interest. The allegations and proofs must agree.</p> <p>2. Color of title—tax deed defectively acknowledged. It would be error to admit a tax deed not properly acknowledged, or without proof of the signature of the sheriff, as color of title. But in such a case it is not necessary to prove the rendition of the judgment for the sale of the land, or to produce a precept or other precedent act of the officers of the law to entitle a tax deed to be read in evidence as color of title. To constitute color of title under the statute, it is only necessary that the deed purports to convey title, and has been received in good faith.</p>