Harding v. Butts
Illinois Supreme Court
This was an action of ejectment, brought by Harding against Butts, for E. half S. E. 20, 11 H., 3 W., in Warren county. Declaration filed October term, 1853. Plea not guilty. At April term, 1853, jury waived, and trial by court, and judgment rendered fro forma for defendant.
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This was an action of ejectment, brought by Harding against Butts, for E. half S. E. 20, 11 H., 3 W., in Warren county. Declaration filed October term, 1853. Plea not guilty. At April term, 1853, jury waived, and trial by court, and judgment rendered fro forma for defendant. Bill of exceptions shows: Defendant admitted possession, and that the premises sued for were vacant and unoccupied until 1852. The plaintiff then offered in evidence a deed, in due form, duly acknowledged, made by the auditor, conveying said land to if. Myers, dated 21st of October, 1835. Also, a deed conveying the same…
1Opinion of the CourtScates, C. J.
The same question is raised in each case. Plaintiffs rely for recovery upon color of title, made in good faith, to vacant and unoccupied land, with the payment of taxes for seven successive years, under the provisions of the ninth section of the act concerning conveyances, as contained in the revised statutes of 1845, page 104.
That section provides that, “ whenever a person, having color of title, made in good faith, to vacant and unoccupied land, shall pay all taxes legally assessed thereon for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said…
2Cited by2 opinions
- Newland v. MarshIllinois Supreme Court · 1857
- Thatcher v. GottliebCourt of Appeals for the Eighth Circuit · 1894