Baldwin v. Ratcliff

• Citation: 125 Ill. 376,17 N.E. 794
• Parties: BALDWIN et al. v. RATCLIFF.
• Decision Date: 16 June 1888
• Court: Supreme Court of Illinois

125 Ill. 376

17 N.E. 794

BALDWIN et al.

v.RATCLIFF.

Supreme Court of Illinois.

June 16, 1888.

Error to circuit court, Hardin county; R. W. McCARTNEY, Judge.

Bill exhibited by George W. Ratcliff against Martha Jane Baldwin, Wiley Palmer, Mary Palmer, and others for partition of certain lands of which Wiley R. Palmer died seized. From a decree for plaintiff defendants bring error.

W. H. Boyer and W. S. Morris & Son, for plaintiffs in error.

L. F. Twitchell and John F. McCartney, for defendant in error.

CRAIG, J.

This was a bill in equity, brought by George W. Ratcliff against the plaintiffs in error to partition certain lands in Hardin county of which Wiley R. Palmer died seized on the 1st day of January, 1853. It is alleged in the bill that Wiley R. Palmer died in Hardin county, January 1, 1853, intestate, the owner of the N. E. N. E., the N. W. N. E., the S. W. N. E., the N. E. N. W., the S. E. N. W., the S. W. N. W., the N. 1/2 S. E., the S. E. S. E., all in section 4, and N. W. N. W. section 10, and the S. W. S. W. section 3, all in township 12, range 9, in Hardin county, Ill. That at his death he left his widow, Mariah Palmer, (afterwards Mariah Belt,) and Nancy, John, Epaminondas, and Richard Palmer, his children and only heirs. That the widow afterwards married Hiram Belt, and by him had the following-named children, born on dates as follows: Arthur H., born July 7, 1854; Eliza Ann, born September 6, 1856; James D., born May 20, 1858; Delilah, born September 24, 1860; William G., born January 11, 1864; and George W. Belt, born January 4, 1867. It is also alleged that Nancy Palmer died unmarried, and without issue, on the ___ day of _____, 1857; that John Palmer died April 6, 1862, unmarried and without issue; that Epaminondas died November 18, 1863, unmarried and without issue. The bill then charges that on the ___ day of ___, 1867, Mariah Belt was the owner of 50-220 of all of said lands, and that at that time she made a general warranty deed to Richard Palmer, and thereby conveyed to him all her interest in all the lands described in the bill, except the N. W. of the N. W. section 10, and the S. W. S. W. of section 3, and 10 acres off the east side the S. E. S. E. of section 4, township 12, range 9,-90 acres. The bill also alleges that Richard Palmer then took possession of all the lands as tenant in common, except the 90 acres, and occupied the same until he died, July 15, 1874; that on 3d day of June, 1883, James D. Belt conveyed his interest in the lands to complainant; that Delilah Belt married William Lyons, and they, on June 14th, conveyed to complainant; that Eliza A. Belt conveyed to complainant on 23d June, 1883; that William G. Belt conveyed his interest to complainant, October 19, 1883. It is also alleged that Richard Palmer died on the 15th day of July, 1874, testate, and by his will he devised the lands described in the bill to his widow and children by name. In the answer it is denied that complainant obtained any title to the lands through the conveyances set up in the bill. It is also set up in the answer that the possession of Richard Palmer was adverse, open, and notorious,-continued from 1865 or 1866 until his death; that he cleared the lands, and placed them in cultivation, and erected buildings thereon, amounting in value to $2,000; that he paid all taxes assessed on the lands. It is also set up in the answer that the will of Richard Palmer, under which the lands were devised to the defendants in the bill, is color of title, under which they have held the continuous adverse possession of the lands, and paid all taxes thereon, for a period of more than seven successive years, and that they rely upon such adverse possession and payment of taxes as a bar to the relief prayed for in the bill.

As to the main facts in this case there is no substantial dispute between the parties. Wiley Palmer died seized of the lands described in the bill, January 1, 1853, leaving a widow, Mariah, and four children, John, Richard, Epaminondas, and Nancy. The children all died unmarried and without issue, as stated in the bill, except Richard. The widow, Mariah, married Hiram Belt in July, 1853, and subsequently had six children born at the respective dates stated in the bill. Wiley R. Palmer did not reside on the lands here involved at the time of his death, but he resided on a farm on the river, in section 21, called by the witnesses the ‘Walls Place’ or the ‘River Farm.’ The widow continued to reside on this place until 1857 or 1858, when she moved on her ‘dower land,’ so called, which is the 90 acres on sections 3, 4, and 10 named in the bill. There was but a small quantity of the remaining portion of the lands in cultivation prior to 1865. One witness testified that he ‘tracked deer through the fields in 1864; very little cleared then; a thicket of briars; some old fields with bad fences; no house.’ Another witness thinks there were 15 acres cleared. Richard Palmer returned from the army in 1865, and at once went into possession of all the lands except the 90 acres occupied by the widow. He went on as owner, and at once commenced clearing and improving the lands as fast as possible. He erected two dwelling-houses, stable, corn-crib, and smoke-house, and also had log-houses put up by lessees to reside in while they cleared and cultivated portions of the land. The evidence is clear that from the time Richard Palmer first took possession of the lands, down to his death, he claimed to be owner of the absolute title to all the lands. He leased, cut, and sold timber, burned lime-kilns on the lands, and sold and conveyed 80 acres. The lands were assessed in his name, from year to year, by the county assessors. He paid all taxes as owner. Soon after taking possession, he entered into an arrangement with his mother, Mariah Belt, by which he conveyed to her the 90 acres, the dower tract, and she conveyed to him her interest in the other lands. John W. Hughes, a brother of Mariah Belt, heard the contract, and testified to its terms. He further testified: ‘Richard moved on his part in 1865 or 1866, and began to build, clear, and fence it, and lived on it till he died. His widow and children have controlled and lived on it since, and live on it now. I know of no claim or possession adversely to Richard during his time. I never heard of any one claiming the land adversely...