Mercer v. Wayman

9 Ill.2d 441, 137 N.E.2d 815 (1956)

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Nature of the Case

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Facts

The land at issue was initially owned by John W. Mercer. Mercer died intestate prior to 1920, leaving his widow, five sons, and two daughters as his heirs-at-law. Shortly thereafter, one of his daughters, Lora Wayman, died intestate, leaving her husband Oscar, and three sons, Verne, June, and Paul as her heirs-at-law. June, Paul, and the widow and children of Verne are the defendants (D) in this action. In 1920, Mercer's widow, surviving daughter, and four of the sons quitclaimed the property to the remaining son, Fred Mercer and his wife Hattie (P). Wayman's husband joined in the conveyance, individually and as the guardian of Lora's minor sons. The deed purported to convey 'all interest' in the land to P. P then took possession of the land, paid taxes on it, and executed three mortgages on it, all of which were recorded. P also executed oil and gas leases on the property. Verne, June, and Paul Wayman also executed oil and gas leases on the same property. P sued to set aside the leases made by the Waymans; the defense was that the conveyance made to P by their father was ineffective as to their interest in the land. However, P claims that, even if the conveyance was ineffective, their title has ripened under the applicable statute of limitations.