Baily v. Doolittle
Illinois Supreme Court
This was a petition for a partition of the land in controversy, filed by appellees against appellant and one Isabella Sampson. On the trial in the Tazewell Circuit Court, before Harriott, Judge, and a jury, appellees proved title to two undivided thirds of the land.
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This was a petition for a partition of the land in controversy, filed by appellees against appellant and one Isabella Sampson. On the trial in the Tazewell Circuit Court, before Harriott, Judge, and a jury, appellees proved title to two undivided thirds of the land. Appellant claimed under a tax deed from the sheriff, given in 1847 for the taxes of 1845. The precept and judgment adduced as the foundation of the deed, had no dollar mark or other indication to show what the figures in the lists were intended to represent. He also proved payment of taxes from 1847 to 1856 inclusive, and…
1Opinion of the CourtWalker, J.
It appears from the evidence that petitioners were the owners in fee of two undivided third parts of the premises, and Isabella Sampson one-third, in fee, unless the appellant has shown a better title. For that purpose he introduced in evidence a sheriff’s deed on a sale of this land for taxes in April, 1845, dated on the 7th day of May, 1847, the certificate of purchase given on that sale having been previously assigned to him. Also, receipts for the payment of all taxes for the years 1847 to 1856, inclusive, on the land in controversy. He also introduced evidence showing a possession of the…
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