Holloway v. Clark
Illinois Supreme Court
This was an action of ejectment, commenced by the plaintiffs in error, against the defendant in error, in the Warren Circuit Court, to recover possession of S. W. 17, 8 N., 3 W., on the 28th day of May, 1857. The cause was tried by Tyler, Judge, and the issue found for defendant, and judgment rendered against the plaintiffs for costs.
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This was an action of ejectment, commenced by the plaintiffs in error, against the defendant in error, in the Warren Circuit Court, to recover possession of S. W. 17, 8 N., 3 W., on the 28th day of May, 1857. The cause was tried by Tyler, Judge, and the issue found for defendant, and judgment rendered against the plaintiffs for costs. On the trial, the plaintiffs proved a regular title in fee from the Government, commencing by patent, dated October 6, 1847, to the plaintiffs, ending with a deed from James W. Perkins to plaintiffs, dated 24th April, 1857. It appears by the evidence that the…
1Opinion of the CourtWalker, J.
The tax deed, as well as the quit-claim deed, relied upon in this case, were color of title. They, on their face, purport to convey and transfer the title to the land. Nor is a person relying upon a clerk’s or sheriff’s deed, on a tax sale, as has been repeatedly held by this court, bound to see that all the pre-requisites of the law have been answered, before he can rely upon it as claim and color of title. If it appears on its face to be regular, that will suffice. When it so appears, the party is not required to go beyond the deed to see whether it actually passes title or is void. If it…
2Cited by7 opinions
- Hall v. WatermanIllinois Supreme Court · 1906
- Walker v. ConverseIllinois Supreme Court · 1894
- Safford v. StubbsIllinois Supreme Court · 1886
- Converse v. Calumet River Railway Co.Illinois Supreme Court · 1902
- Winstanley v. MeachamIllinois Supreme Court · 1871
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