« ΠροηγούμενηΣυνέχεια »
years $280,894.06 were received from the sale of 80,126.04 acres of land belonging to the State, and 48,598.15 acres remained unsold, December 1, 1854.
Amount of funds devoted to Common Schools, December 10, 1854: Three per cent. on net proceeds of public lands (except one-sixth),
$463,490 93 Surplus revenue from the United States, ............ 335,592 32
$799,083 25 There are, besides : The College Fund, being one-sixth of the three per cent. fund,
$92,682 10 The Seminary Fund, i. e. proceeds of sales of seminary lands,
152,420 82 Making, devoted to purposes of education,.
$951,504 07 The whole of this sum has been borrowed or appropriated by the State, and devoted to pay the current expenses of the government. The State pays six per cent. interest on the amount. The interest of the Common School Fund for 1853, was $57,090.25, which, except one-fourth of one per cent. ($2,378.76) paid to the Deaf and Dumb Asylum, was divided among the several counties, in proportion to the number of white children under the age of 21.
Besides this State fund, there are county and township funds. The value of the county funds is estimated at $50,000; of the township funds, $1,952,090.51; which would make a total principal of $2,953,594.58. The interest on the State fund is at 6 per cent.; on county and township funds, at 10 per cent.; total net proceeds of interest, $196,281.54.
The following are the provisions of the Revised Statutės concerning the regulation of estates and land:
Livery of seisin shall in no case be necessary for the conveyance of real property; but erery deed, mortgage, or other conveyance in writing, signed and sealed by the party making the same(the maker or makers being of full age, sound mind, discovert, at large, and not in duress), shall be sufficient, without livery of seisin, for the giving, granting, selling, mortgaging, leasing, or otherwise conveying or transferring any lands, tenements, or hereditaments in this state, so as, to all intents and purposes, absolutely and fully to vest in every donee, grantee, bargainee, mortgagee, lessee, or purchaser, all such estate or estates as shall be specified in any such deed, mortgage, lease, or other conveyance. Nothing herein contained shall be so construed as to divest or defeat the older or better estate or right of any person or persons not a party to any such deed, mortgage, lease, or other conveyance. (R. S. 102,
Every estate, feoffment, gift, grant, deed, mortgage, lease, release, or confirmation of lands, tenements, rents, services, or hereditaments, made or had, or hereafter to be made or had, by any person or persons, being of full age, sound mind, discovert, at large, and not in duress, to any person or persons, and all recoveries, judgments, and executions had or made, or to be had or made, shall be good and effectual to him, her, or them, to whom it is or shall be made, had, or given, and to all others; to his, her, or their use, against the judgment-debtor, seller, feoffor, donor, grantor, mortgagor, lessor, releasor, or confirmer, and against his, her, or their heirs or heir claiming the same only as heir or heirs, and every of them, and against all others having or claiming any title or interest in the same only to the use of the same judgmentdebtor, seller, feoffor, donor, grantor, mortgagor, lessor, releasor, or confirmer, or his, her, or their said heirs, at the time of the judgment, execution, bargain, sale, mortgage, covenant, lease, release, gift, or grant made. (R. S., page 103, Sec. 2.)
Where any person or persons stand or be seized, or at any time hereafter shall stand or be seized, of and in any messuages, lands, tenements, rents, services, reversions, remainder, or other hereditaments, to the use, confidence, or trust of any other person or persons, or of any body politic, by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will, or otherwise, by any manner of means whatsoever; in every such case, all and every such person or persons and bodies politic that have, or hereafter shall have, any such use, confidence, or trust in fee simple, for terms of life, or for years, or otherwise, or any use, confidence, or trust in remainder or reversion, shall from thenceforth stand and be seized, deemed, and adjudged in lawful seisin, estate, and possession of and in the same messuages, lands, tenements, rents, services, reversions, remainders, and hereditaments, with their appurtenances, to all intents, constructions, and purposes in law, of and in such like estates as they had or shall have in use, confidence, or trust of or in the same; and that the estate, right, title, and possession that was or shall be in such person or persons that was or hereafter shall be seized of any lands, tenements, or hereditaments to the use, confidence, or trust of any person or persons, or of any body politic, be from henceforth clearly deemed and adjudged to be in him, her, or them that have or hereafter shall have such use, confidence, or trust, after such quality, manner, form, and condition as they had before in or to the use, confidence, or trust that was or shall be in them. (R. S., p. 103, Sec. 3.)
Any person claiming right or title to lands, tenements, or hereditaments, although he, she, or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey and tranfer his or her interest in and to the same in as full and complete a manner as if he or she were in the actual possession of the lands and premises intended to be conveyed, and the grantee or grantees shall have the same right of action for the recovery thereof, and shall in all respects derive the same benefits and advantages therefrom, as if the grantor or grantors had been in the actual possession at the time of executing the conveyance. (R. S., p. 103, Sec. 4.)
No estate in joint tenancy in any lands, tenements, or hereditaments shall be held or claimed under any grant, devise, or conveyance whatsoever heretofore or hereafter made, other than to executors and trustees, unless the premises therein mentioned shall expressly be thereby declared to pass, not in tenancy in common, but in joint tenancy; and every such estate, other than to executors or trustees, (unless otherwise expressly declared, as aforesaid,). shall be deemed to be in tenancy in common. (R. S., p. 103, Sec. 5.)
In cases where by the common law any person or persons might hereafter become seized in fee tail of any lands, tenements or hereditaments by virtue of any devise, gift, grant, or other conveyance hereafter to be made, or by any other means whatsoever, such person or persons, instead of being or becoming seized thereof in fee tail, shall be deemed and adjudged to be and become seized thereof for his or her natural life only, and the remainder shall pass in fee simple absolute to the person or persons to whom the estate tail would, on
the death of the first grantee, devisee, or donee in tail, first pass according to the course of the common law by virtue of such devise, gift, grant, or convey
(R. S., p. 104, Sec. 6.) If any person shall sell and convey to another by deed or conveyance purporting to convey an estate in fee simple absolute in any tract of land or real estate lying and being in this state, not then being possessed of the legal estate or interest therein at the time of the sale and conveyance, but after such sale and conveyance the vendor shall become possessed of and confirmed in the legal estate to the land or real estate so sold and conveyed, it shall be taken and held to be in trust and for the use of the grantee or vendee, and the conveyance aforesaid shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or interest at the time of said sale or conveyance. (R. S., p. 104, Sec. 7.)
Every person in the actual possession of lands or tenements under claim and color of title made in good faith, and who shall for seven successive years continue in such possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements to the extent and according to the purport of his or her paper title. All persons holding under such possession by purchase, devise, or descent before said seven years shall have expired, and who shall continue such possession, and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section. (R. S., p. 104, Sec. 8.)
Whenever a person having color of title, made in good faith, to vacant and unoccupied land, shall pay all taxes legally assessed thereon for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land, to the extent and according to the purport of his or her paper title. All persons holding under such tax payer by purchase, devise, or descent before said seven years shall have expired, and who shall continue to pay the taxes as aforesaid, so as to complete the payment of taxes for the term aforesaid, shall be entitled to the benefit of this section: Provided, however, if any person having a better paper title to said vacant and unoccupied land shall, during the said term of seven years, pay the taxes assessed on said land for any one or more years of the said term of seven years, then and in that case such tax payer, his heirs and assigns, shall not be entitled to the benefit of this section. * (R. S., p. 104, Sec. 9.)
* The Supreme Court of the United States did, not long ago, decide a case, which refers to the above, and regarding which the Chicago Democratic Press, dated Feb. 16, 1856, contains the following letter:
QUINCY, February 5, 1856. Dear Sir:- I have just received the opinion of the Supreme Court of the United States in the case of Wright vs. Matteson.
The two preceding sections shall not extend to lands or tenements owned by the United States or this State, nor to school and seminary lands, nor to lands held for the use of religious societies, nor to lands held for any public purpose, nor shall they extend to lands or tenements when there shall be an adverse title to such lands or tenements, and the holder of such adverse title is under the age of twenty-one years, insane, imprisoned, femme covert, out of the limits of the United States, and in the employment of the United States or of this State: provided such person shall commence an action to recover such lands or tenements so possessed as aforesaid within three years after the several disabilities herein enumerated shall cease to exist, and shall prosecute such action to judgment, or in case of vacant and unoccupied land shall within the time last aforesaid pay to the person or persons who have paid the same all the taxes, with interest thereon at the rate of twelve per cent. per annum, that have been paid on said vacant and unoccupied land. (R. S., p. 104, Sec. 10.)
All deeds whereby any estate of inheritance in fee simple shall hereafter be limited to the grantee and his heirs or other legal representatives, the words
"grant,” “bargain,” “sell,” shall be adjudged an express covenant to the grantee, his heirs and other legal representatives, to wit: that the grantor was seized of an indefeasible estate in fee simple, free from encumbrances done or suffered from the grantor, except the rents and services that may be reserved, as also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words contained in such deed. And the grantee, his heirs, executors, administrators, and assigns, may in any action assign breaches as if such covenants were expressly inserted : Provided, always, that this law shall not extend to lease at rack rent, or leases not exceeding twenty-one years, where the actual possession goes with the lease. (R. S., p. 105, Sec. 10.)
Every deed conveying real estate which by any thing therein contained
It is decided in my favor - that is, for Wright - and is full, satisfactory, and conclusive Under this decision, all persons who have had possession of land for seven years, and have paid taxes during that time, under any of our tax titles, from 1823 down to the present time inclusive, will be fully and completely protected.
The Court say, that however inadequate the deed may be to carry the true title to the property, and however incompetent may have been the power of the grantor, yet a claim asserted under such deed is strictly a claim under color of title, and one which will draw to the possession of the grantee the protection of the statutes of limitations. No matter whether the sale was regular or irregular, or on the right or wrong day, it is still color of title, and so it is if the party were in possession of the land when he purchased at the tax sale and acquired his deed. Nor is it necessary that he shall connect with any source of title.
If he possesses in good order a deed from one having no pretence to title, it is the samo thing. It is color of title, and protected by the statute.
0. H. BROWNING.