Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 16 (November Term, 1854, to June Term, 1855)
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Matthew Laflin v. Augustus Hep.rtngton et al. Appeal from Cook Coimty Court of Common Pleas. ExECTTTio>r — Issued after death of debtor — Votd — Sate — Tftird ORANTEE — Statute op limitations. — An expcution issuod after the death of the jiulprnient debtor, is void, and if a sheriff sells land under it, his deed for the land is a nullity. Yet such a title, in the hands of a third grantee, coupled with seven years' successive actual possession, in the absence of fraud, is claim and color of titl...e within the meaning of the fir t section of the Act of the second of March, 1839, entitled " An Act to quiet possessions, and confirm titles to land." Act ok 1S:J9 — Payment of taxes under. — Under the Act of 1839, the payment of taxes must be co-extensive with the party's color of title and possession, claimed by him, or to some distinct part thereof, capable of ascer- tainment by metes and bounds, or to some undivided interest therein, capa- ble of determination by computation.
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