The appearance of a valid title with an underlying defect. A title provided with supporting evidence to ostensibly show valid ownership when, in reality, the title is actually defective.
Law Dictionary – Alternative Legal Definition
The appearance, semblance, or simulacrum of title. Any fact, extraneous to the act or mere will of the claimant which has the appearance, on its face, of supporting his claim of a present title to land, but which, for some defect in reality falls short of establishing it. Wright v. Mattison, 18 How. 56, 15 L. Ed. 280; Cameron v. U. S., 148 U. S. 301, 13 Sup. Ct 095, 37 L. Ed. 459; Saltmarsh v. Crommelin, 24 Ala. 352.”Color of title is anything in writing purporting to convey title to the land, which defines the extent of the claim, it being immaterial how defective or imperfect the writing may be, so that it is a sign, semblance, or color of title.” Veal v. Robinson, 70 6a. 809. Color of title is that which the law considers prima fade a good title, but which, by reason of some defect, not appearing on its face, does not in fact amount to title. An absolute nullity, as a void deed, judgment, etc., will not constitute color of title. Bernal v. Gleim, 33 Cal. 668.”Any instrument having a grantor and grantee, and containing a description of the lands intended to be conveyed, and apt words for their conveyance, gives color of title to the lands described. Such an instrument purports to be a conveyance of the title, and because it does not, for some reason, have that effect, it passes only color or the semblance of a title.” Brooks v. Bruyn, 35 111. 392. It is not synonymous with “claim of title. To the former, a paper title is requisite; but the latter may exist wholly in parol.