Osburn v. Searles
Illinois Supreme Court
Appeal from the Circuit Court of Saline county; the Hon. J. P. Robarts, Judge, presiding. This was ejectment, in the circuit court of Saline county, by appellant, against appellee, to recover the south-west quarter of the south-west quarter of section 84, township 7, south, range 7, east of the third principal meridian, in Saline county.
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Appeal from the Circuit Court of Saline county; the Hon. J. P. Robarts, Judge, presiding. This was ejectment, in the circuit court of Saline county, by appellant, against appellee, to recover the south-west quarter of the south-west quarter of section 84, township 7, south, range 7, east of the third principal meridian, in Saline county. The plaintiff claimed to be the owner in fee simple of the land in question, and introduced in evidence, in support of his claim, a patent from the United States issued to John R. Gwaltney, bearing date January 15, 1858; a deed from John R. Gwaltney and wife…
1Opinion of the CourtJustice Phillips
It is, in effect, conceded by appellant that the bar of section 7, chapter 83, of the Statute of Limitations, became complete by the payment of taxes on the land in controversy for seven successive years, from 1863 to 1869, inclusive, by the grantors of appellee, under color of title made in good faith, unless, as is contended, the running of the statute was arrested and the bar avoided by payment of the taxes for the year 1869 by appellant’s grantor. The evidence is undisputed that the title of appellee accrued under a tax deed of November, 1863; that the land was then vacant and unoccupied,…
2Cases cited1 opinion
- Bolden v. ShermanIllinois Supreme Court · 1884
3Cited by2 opinions
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