96 Ill. 415 (Ill. 1880), Iberg v. Webb

• Citation: 96 Ill. 415
• Opinion Judge: Mr. Justice Sheldon.
• Party Name: AUGUST IBERG et al. v. CHARLOTTE R. WEBB et al
• Attorney: Messrs. METCALF & BRADSHAW, for the plaintiffs in error. Messrs. GILLESPIE & HAPPY, for the defendants in error.
• Case Date: June 14, 1880
• Court: Supreme Court of Illinois

Page 415

96 Ill. 415 (Ill. 1880)

AUGUST IBERG et al.

v.

CHARLOTTE R. WEBB et al

Supreme Court of Illinois

June 14, 1880

October 1880, Decided

WRIT OF ERROR to the Appellate Court for the Fourth District; the Hon. T. B. TANNER, presiding Justice, and Hon. J. C. ALLEN, and Hon. GEORGE W. WALL, Justices; --heard in that court on appeal from the Circuit Court of Madison county.

Decree affirmed.

Messrs. METCALF & BRADSHAW, for the plaintiffs in error.

Messrs. GILLESPIE & HAPPY, for the defendants in error.

OPINION

Mr. Justice Sheldon.

This was a bill for partition, filed October 14, 1871, by certain of the heirs of Henry Hudson, deceased, against the

Page 416

other heirs of said Hudson, praying for partition among them as the owners and tenants in common of the lands in question.

The bill also made Albert Guenther and August Iberg defendants, alleging that they claimed to have an interest in the lands, based upon a tax title claimed on the premises, but that the claim was without foundation.

The circuit court decreed partition, as prayed for among the heirs of Hudson, and that Guenther and Iberg had no lawful interest in the premises.

On appeal by Guenther and Iberg to the Appellate Court for the Fourth District, the decree was affirmed, and they bring the case by writ of error to this court.

The claim of Guenther and Iberg, which is set up by them, is under a tax title alleged to have been acquired by one William T. Brown, under a sale of the lands to him for taxes, and by virtue of seven years' alleged possession and payment of taxes under claim and color of title.

There appear in evidence a deed of the premises from William T. Brown to John Reynolds, dated July 1, 1864, and a deed from Reynolds to Albert Guenther, dated August 31, 1864, but nothing showing any title in Brown. Iberg is the purchaser of a part from Guenther afterwards. Title to the lands was shown in Henry Hudson, by purchase from the United States, and the heirship of the parties, as alleged in the bill, was proved. The lands were vacant and unoccupied at the time Guenther purchased. In September, 1864, he commenced working on the lands, and in April, 1865, moved on them, and ever since he and Iberg have been in possession.

In inquiring whether there has been here seven years' payment of taxes with color of title and...