FAILONI V. CHICAGO & NORTH WESTERN RAILWAY CO.30 Ill.2d 258, 195 N.E.2d 619 (1964) CASE BRIEF

FAILONI V. CHICAGO & NORTH WESTERN RAILWAY CO.

30 Ill.2d 258, 195 N.E.2d 619 (1964)

NATURE OF THE CASE: This was a declaratory judgment action regarding title to mineral rights. Appealed. Chicago (D) appealed from a declaratory judgment regarding a claim of title to mineral rights under the Limitations Act, Ill. Rev. Stat. chap. 83, par. 7 (1961).

FACTS: The two parcels of land at issue were originally owned by Ottersburg and McKeone, respectively. In 1903, both Ottersburg and McKeone transferred the mineral rights in their property to Dorsey. The Chicago & North Western Railway Co. acquired title to the mineral rights in both parcels in 1956. In 1921, Failoni's (P) husband acquired an administrator's deed to the Ottersburg property. P acquired the property upon her husband's death. P and her husband purchased the McKeone property as joint tenants in 1939. The deed to the Ottersburg property did not mention the mineral rights. The deed to the McKeone property referred to a prior sale of the underlying 'coal.' At the time of suit, record title to the surface of the two tracts was held by P, and record title to the mineral rights was held by D. P claims that, because neither of her deeds excepts the mineral interests, she acquired color of title which later became a fee interest with the expiration of the applicable statute of limitations.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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