Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 172
Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 172
Illinois. Supreme Court
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Howard. 843 assigfrnnent thereon, for value received, to Marg'aret A. E. Ash; also the above mentioned deed from Joseph C. Johnson and wife to her. If it be conceded that appellee, from 1873 to 1894, — a period of more than twenty years, — had the actual, open, notorious, exclusive and continuous possession of the premises, can it be said, under the facts proved, that such possession was hostile or adverse to the holder of the legal title thereto? We think not. The possession of land under an e...xecutory contract of purchase is not adverse to the vendor so long as the purchase money is not paid, or until, by the terms of the agreement, the vendee is entitled to demand a conveyance of the legal estate. (1 Am. & Eng. Ency. of Law,— 2d ed.— 799; Dan- lap V. Daugherty, 20 111. 398; Timmons v. Kidwell, 138 id. 13; Bigor v. Frye, 62 id. 507.) It cannot be seriously contended that complainant had any hostile possession against Johnson as long as the Barry mortgage remained unpaid. It does not appear from the evidence that J.
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