Legal Opinion

Gage v. Busse

Illinois Supreme Court

Decided March 28, 1882PublishedCited by 10 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. Certain lots in Chicago, owned by appellees, were sold for taxes for the year 1875, at a sale made in October, 1876, under a judgment of the county court, upon due notice, as required by the statute. The owners did not appear or interpose any objections to the rendering of such judgment.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. Certain lots in Chicago, owned by appellees, were sold for taxes for the year 1875, at a sale made in October, 1876, under a judgment of the county court, upon due notice, as required by the statute. The owners did not appear or interpose any objections to the rendering of such judgment. The certificate of sale was duly made, and afterwards was assigned to the appellant, who paid all taxes assessed and levied upon these lots…

1Opinion of the CourtJustice Dickey

Assuming that the judgment under which this sale for taxes was made may be inquired into, it is not perceived that equity requires that appellant should be shorn of his rights under the purchase to any greater extent than in so far as they are affected by the amount of taxes erroneously included in the judgment. On that hypothesis the decree ought to have been that complainants be allowed to redeem from the sale by paying the redemption money allowed by the statute had the judgment and sale been for the proper amount of taxes, which can be readily ascertained by deducting the erroneous tax…

2Cited by10 opinions

  1. Gage v. ArndtIllinois Supreme Court · 1887
  2. Gage v. PumpellySupreme Court of the United States · 1885
  3. Glos v. GoodrichIllinois Supreme Court · 1898
  4. South Chicago Brewing Co. v. TaylorIllinois Supreme Court · 1903
  5. Gage v. PirtleIllinois Supreme Court · 1888

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