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104 Ill. 365

Conner v. Goodman

Illinois Supreme Court

Decided September 28, 1882

Illinois Supreme Court · decided 1882-09-28

<p>1. Limitation—act of 1889—what is color of title. An administrator’s deed for land sold under an order of a competent court, for the payment of debts of the intestate, is good color of title under the seven years Limitation law.</p> <p>2. Same—of the good faith of purchaser. The testimony of the occupant of land that he bought and acquired title in good faith, is not rebutted by proof of general reputation that the title of the person whom he succeeded was bad.</p> <p>3. Same—want of knowledge of ground of relief to prevent the bar. The fact that a party failed to learn of his equitable rights to have a sale of his interest in land set aside, until a short time before the expiration of the period fixed as a limitation to his remedy, will not take his case out of the bar of the statute, when his cause of action has not been fraudulently concealed from him.</p> <p>4. Same—in what case the statute applies. The possession of land, and payment of all taxes thereon for seven successive years, under color of title acquired in good faith, is a bar to a bill in chancery to set aside a decree and sale of such land in a proceeding for partition.</p> <p>5. Notice—by possession of land. A person’s possession of land is notice to all the world of his claim to the same, and if another party does not learn of his rights to the property until the bar of the Statute of Limitations has attached, it will be his own neglect and inattention, from which he can claim no immunity.</p>

Relies on Brooks v. Bruyn · Williams v. Brown · McCagg v. Heacock

Good law ✅— No negative treatment on recordhow we know

Decided 1882-09-28

How this case has been cited

Cited by 14 later decisions — most recently February 1975

1 federal appellate · 13 state decisions

701882189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice-' Scholfield

¶1delivered the opinion of the Court:

¶2This was a bill in equity, filed in the office of the clerk of the circuit court of Monroe county, on the 9th' of September, 1879, to set aside a certain decree for sale on application for partition, and also sale of real estate, and deed thereunder, etc. The answer of the defendant, -James W. Goodman, in addition to putting in issue the allegations of the bill generally, alleges that Goodman entered into possession of the real estate under color of title made in good faith; that he has continued in such possession for seven successive years, and has, during- said time, paid all taxes legally assessed on such real estate.

¶3We are of opinion this defence has been made, out, and it is, therefore, unnecessary to examine the questions raised upon the decree and sale for partition sought to be set aside.

¶4The purchaser at the partition sale was one Isaiah Cheek. He died intestate in 1870, and on the 11th of November, 1871, this real estate was sold by his administrator, pursuant to a decree of a competent court, to raise assets to pay the debts due from his estate. James W. Goodman was the purchaser at that sale, and received an administrator’s deed. He shows that, he at once entered into the possession of the property, which he has continued to enjoy ever since, and that during all that time, being more than seven successive years, he has paid all taxes legally assessed on the property. The deed was unquestionably color of title. Brooks v. Bruyn, 35 Ill. 392; McCagg v. Heacock, 34 id. 476; Stubblefield v. Borders, 92 id. 279 ; Davis v. Hall, id. 85 ; Payne v. Markle, 89 id. 66; Whitney v. Stevens, id. 53; Coleman v. Billings et al. id. 183; Scott v. Delany, 87 id. 146.

¶5' Goodman testified that he bought and acquired title in good faith, and this is not rebutted by proof of general reputation that Cheek’s title was bad. McCagg v. Heacock, supra, and same case again in 42 Ill. 153; Cook v. Norton, 43 id. 391; Rawson v. Fox, 65 id. 200; County of Piatt v. Goodell, 97 id. 84; Smith v. Ferguson, 91 id. 304.

¶6But counsel contend appellants did not learn of the fraudulent transaction, whereby they allege they were deprived of their property, until within two years of the filing of their bill, and hence that they are not affected by the Statute of Limitations. There is no claim made that the cause of action was fraudulently concealed from them by Goodman, and so the case is not affected by the 22d section of the Limitation act of 1874. (Rev. Stat. 1874, p. 676.) And Goodman’s possession was notice to all the world of his claim to the property, (McConnel v. Reed, 4 Scam. 117, Williams v. Brown, 14 Ill. 200, Cowen v. Loomis, 91 id. 132,) and so if appellants did not learn of their rights, it was purely through their own neglect and inattention to their property, and they are consequently entitled to no immunity on that account.

¶7The decree is affirmed.

¶8Decree affirmed.

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