The Lake Shore v. the Pittsburg
| Decision Date | 30 September 1873 |
| Citation | 1873 WL 8672,71 Ill. 38 |
| Parties | THE LAKE SHORE AND MICHIGAN SOUTHERN RY. CO.v.THE PITTSBURG, FT. WAYNE AND CHICAGO RY. CO. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Cook county; the Hon. WILLIAM W. FARWELL, Judge, presiding.
This was a bill in chancery, by the appellee against the appellant, claiming the right of way occupied by the defendant over a tract of land, and charging that no steps had been taken to condemn the same. The court below dissolved the temporary injunction, and dismissed the bill, from which the complainant appealed.
Mr. JAMES MASON, Mr. C. D. ROYS, and Mr. JOHN B. NILES, for the appellant.
Messrs. LAWRENCE, WINSTON, CAMPBELL & LAWRENCE, for the appellee.
The decree of the court below must be affirmed, for the reason that, in our opinion, the evidence shows appellee was in possession of the property in controversy, under color of title, made in good faith, and had paid all taxes legally assessed thereon for seven successive years preceding the commencement of suit.
The deed from Lanier and others to appellee, dated March 2, 1862, purported to convey “all and singular the railroad of the Pittsburg, Fort Wayne and Chicago Railway Company, including the right of way therefor, the road-bed thereof, the superstructures of all sorts thereon, its water and station houses and shops, and the lands and grounds connected therewith, and all depots and buildings, fixtures and structures of whatever nature, and the lands and grounds connected therewith, used or provided to be used in operating said road, wherever situated.”
Even if the deed from Lanier and others appears, as appellant claims, to be from mere volunteers, it is still good color of title; and the presumption, in the absence of evidence to the contrary, is, that it was acquired in good faith. McCagg v. Heacock et al. 34 Ill. 476; Winstanley v. Meacham, 58 Ill. 97; Brooks v. Bruyn, 35 Id. 392; Morrison v. Norman, 47 Id. 477; Hinkley v. Greene, 52 Id. 223; Barger v. Hobbs, 67 Id. 592; Fritz v. Joiner, 54 Id. 101.
We are of opinion that the description in the deed is such that the lands intended to be conveyed may be identified and distinguished from all other lands; and this has always been held to be a sufficient description for the purpose of conveying title. Williams v. Warren, 21 Ill. 550; Bissett v. Bowman, 54 Id. 254.
The railroad track is, itself, a fixed...
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