Winters v. Haines

Citations

• 84 Ill. 585

Syllabus

<p>1. Good faith—construction of, as used in limitation law of 1839. The words “good faith,” as used in the Statute of Limitations of 1839, must receive a practical, common sense construction, and a purchaser who buys and pays his money for land under the belief that he is acquiring title, acquires title in good faith, within the meaning of the statute.</p> <p>2. The fact that a purchaser may err in judgment, or do an act that another, under like circumstances, might not do, is not enough to impeach the good faith of the transaction, when the purchase is made with an honest purpose, although the real title is not acquired.</p> <p>3. Possession—by tenant in common, when it becomes adverse. Possession by a tenant in common is not adverse to his co-tenant so long as the relation exists, but when the one in possession obtains a deed from the other, and puls it upon record, and claims to own the fee, his possession becomes adverse to such co-tenant and those claiming under him, from that time.</p> <p>4. A tenant in common in possession agreed with the attorney in fact of his co-tenant, who resided, in a distant State, to purchase the title of such co-tenant, and appointed a meeting with such attorney in fact, but upon advice of friends that there might be some question as to the title to be thus acquired, failed to keep the appointment, but remitted the purchase money directly to this co-tenant, and received a deed directly from him; but before such deed was executed, the attorney in fact executed and delivered to another party a deed for the interest of his principal in the land: Held, that the title acquired by the direct deed from the owner was acquired in good faith, and that the possession of the co-tenant was adverse after such deed was placed upon record and claim made under it.</p>