COLOR. In law, ill a figurative sense, a sem blance or appearance of something, implying that the thing to which the term is applied has not the quality or character claimed; as, color of title means an apparent but not valid title.
Formerly in common-law pleading in England, when the defendant, pleading by way of confes sion and avoidance, confessed that the plaintiff had, or gave him credit for having, a prima facie or apparent right, the `confession' was said to give 'color,' and the defendant then pleaded mat ter by way of avoidance—i.e. to show that the facts pleaded by the plaintiff did not in law give ground for recovery against the defendant. See CONFESSION AND AVOIDANCE.
Color of Office is the semblance or pretense of authority, by virtue of an official position, as sumed or claimed by an officer when he does some act outside of his actual jurisdiction. The term includes acts done under an honest but mistaken belief of power. as well as where one knowingly exceeds his authority from a corrupt motive.
All such acts are void, and an officer who is thus guilty of an abuse of power• is liable for any damages which may result from it. See CON VERSION; DE FACTO; FALSE IMPRISONMENT.
Color of Title is that which on its face appears to be proof of ownership. but which, by reason of some defect not easily discoverable, does not in law constitute a valid title. The term is generally used to describe documents purporting to give title to some one. hut has sometimes been applied to a claim of ownership by adverse pos session. A conveyance by one so claiming title gives the vendee only such rights as the vendor has—i.e. the possession of the property under whatever muniments of title the vendor had, and a right to 'tacj:,' or add, the period of posses shut to make up the time necessary to gain absolute title by adverse possession. See An TERSE POSSESSION; TITLE (to property).