Pyle v. Ferrell

Mr. Justice House,

specially concurring:

I agree with the conclusion reached by the majority but in my view it should be grounded upon section 7 of the Limitations Act, (Ill. Rev. Stat. 1955, chap. 83, par. 7,) rather than laches.

Section 7 is practically identical with the original enactment approved March 2, 1839. It provides that one having color of title, made in good faith, to vacant and unoccupied land, who pays all taxes legally assessed for seven consecutive years, shall be deemed and adjudicated to be the legal owner, to the extent and according to the purport of his paper title. While…