Dalton v. Lucas
Illinois Supreme Court
Appeal from the Circuit Court of Logan county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of ejectment, brought by Dalton, to recover a tract of land. He showed patent from the United States to John Marshall Dec. 24, 1849, and deed from Marshall to himself, June 21, 1871. The defendant, Lucas, exhibited a sheriff’s tax deed dated July 1, 1862, upon a sale made June 25, 1860, and proved possession with payment of taxes for more than seven years.
Read the full summary
Appeal from the Circuit Court of Logan county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of ejectment, brought by Dalton, to recover a tract of land. He showed patent from the United States to John Marshall Dec. 24, 1849, and deed from Marshall to himself, June 21, 1871. The defendant, Lucas, exhibited a sheriff’s tax deed dated July 1, 1862, upon a sale made June 25, 1860, and proved possession with payment of taxes for more than seven years. The plaintiff then proved by the county clerk that he had searched the records and files of his office for the affidavit of…
1Opinion of the CourtJustice Scott
The appellant deduces a perfect title to the land in controversy through the patentee from the Government to himself.
The appellee claims the same premises by virtue of a tax deed executed to him on the first day of July, 1862, by the sheriff of Logan county, which he offered in evidence as claim and color of title, together with proof of the payment of taxes and possession for a period of seven successive years.
The only question suggested and argued by counsel is, whether the appellee obtained the deed upon which he relies to constitute color of title, in good faith.
The deed was not offered…
2Cases cited2 opinions
- Bowman v. WettigIllinois Supreme Court · 1866
- Morrison v. NormanIllinois Supreme Court · 1868
3Cited by9 opinions
- Wilson v. AtkinsonCalifornia Supreme Court · 1888
- Jackson v. LarsonColorado Court of Appeals · 1913
- Fagan v. RosierIllinois Supreme Court · 1873
- Whitney v. StevensIllinois Supreme Court · 1878
- Jackson v. LarsonColorado Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.