City of Chicago v. Witt
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was a bill in equity, by the city of Chicago against Walter E. Frazier and John Witt, to remove clouds from the lands claimed by the city, created, as it was alleged, by fraudulent tax titles acquired by Frazier, and by a conveyance of the same fraudulently obtained by Frazier to himself, with intent to defeat the rights of the city.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was a bill in equity, by the city of Chicago against Walter E. Frazier and John Witt, to remove clouds from the lands claimed by the city, created, as it was alleged, by fraudulent tax titles acquired by Frazier, and by a conveyance of the same fraudulently obtained by Frazier to himself, with intent to defeat the rights of the city. Before the hearing Frazier conveyed eighty acres of the land in dispute to the city, and the suit was dismissed as to him without prejudice as to the complainant’s…
1Opinion of the CourtJustice Craig
The only question presented by the record which we deem it necessary to consider is, whether appellee, Witt, at the time he purchased the premises of Frazier, had notice of the prior unrecorded deed executed by Grove Lawrence to Torce and Anderson, which was a link in appellant’s chain of title, or was in possession of information that would put a prudent man upon inquiry in regard to the existence of such unrecorded deed.
The land in controversy was entered from the government in 1839 by Grove Lawrence.
In December, 1867, appellee purchased the premises of Frazier, who, a few days before, had…
2Cases cited2 opinions
- Morrison v. KellyIllinois Supreme Court · 1859
- St. John v. CongerIllinois Supreme Court · 1866
3Cited by10 opinions
- Ludy v. ZumwaltCalifornia Court of Appeal · 1927
- Garber v. GianellaCalifornia Supreme Court · 1893
- Doran v. DazeyNorth Dakota Supreme Court · 1895
- Robertson v. WheelerIllinois Supreme Court · 1896
- Maurer v. ReifschneiderNebraska Supreme Court · 1911
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