Burgett v. Taliaferro
Illinois Supreme Court
Appeal from the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. Frederick P. Burgett filed his petition in the circuit court of Mercer county, on the 13th of October, A. D. 1885, praying partition of lot 10, in block 10-, in Keithsburg.
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Appeal from the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. Frederick P. Burgett filed his petition in the circuit court of Mercer county, on the 13th of October, A. D. 1885, praying partition of lot 10, in block 10-, in Keithsburg. He made Benjamin C. Taliaferro, Maria Harolson, Amanda Armindale, Alvin Patterson, the unknown heirs-at-law of David Patterson, deceased, and David Wolfe, defendants, and claimed that the lot was owned thus: Frederick P. Burgett, T2^ff parts; Benjamin C. Taliaferro, parts; Maria Harolson and the unknown heirs-at-law of David…
1Opinion of the CourtJustice Scholfield
The deed from Jane Patterson to Benjamin C. Taliaferro, being a warranty deed, purporting to convey the lot in controversy in fee simple, is at least color of title. (Dickenson v. Breeden, 30 Ill. 326.) The payment of taxes by Taliaferro from A. D. 1874 to 1884, inclusive, being admitted, it only remains to ascertain whether he acquired the deed from Jane Patterson in good faith, and if so, whether he was in possession under that deed.
The execution of the deed, and subsequent possession of the property, and payment of taxes thereon, by the grantee, create the presumption that the grantee…
2Cases cited3 opinions
- Busch v. HustonIllinois Supreme Court · 1874
- McConnel v. StreetIllinois Supreme Court · 1855
- O'Halloran v. FitzgeraldIllinois Supreme Court · 1873
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