Douthett v. Kettle
Illinois Supreme Court
Appeal from the Circuit Court of Effingham county; the Hon. Thomas S. Casey, Judge, presiding. This was a bill in chancery, exhibited in the court below by Kettle, against Ella Douthett, Henry B. Kepley, Bernard H. Wernsing, county treasurer, and the county of Effingham, to set aside a sheriff’s deed to Ella Douthett, alleged to be a cloud upon complainant’s title to certain real estate.
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Appeal from the Circuit Court of Effingham county; the Hon. Thomas S. Casey, Judge, presiding. This was a bill in chancery, exhibited in the court below by Kettle, against Ella Douthett, Henry B. Kepley, Bernard H. Wernsing, county treasurer, and the county of Effingham, to set aside a sheriff’s deed to Ella Douthett, alleged to be a cloud upon complainant’s title to certain real estate. The principal cause alleged for -setting aside the deed is, that as it was a sale on execution issued on a personal judgment against complainant for taxes on a part of the land sold, the complainant was…
1Opinion of the CourtJustice Craig
It is contended by appellee, that under the constitution of 1870 lands can not be sold for taxes, either on a personal judgment or a judgment in rem, except by a general officer to whom a return of unpaid taxes is made; that no sale is valid without two years’ redemption is allowed, and that no title under such sale is good unless notice is given, to the owner at the expiration of the time of redemption. This position is predicated upon the construction which appellee places on sections 4 and 5, of article 9, of the constitution. Section 4 provides: “The General Assembly shall provide, in all…
2Cases cited2 opinions
- Morris v. RobeyIllinois Supreme Court · 1874
- Leindecker v. People ex rel. JohnsonIllinois Supreme Court · 1880
3Cited by9 opinions
- Greenwood v. Town of LaSalleIllinois Supreme Court · 1891
- The People v. StrausIllinois Supreme Court · 1934
- Douthett v. WinterIllinois Supreme Court · 1884
- In re the StateMichigan Supreme Court · 1885
- Kepley v. JansenIllinois Supreme Court · 1883
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