Legal Opinion

Gage v. Billings

Illinois Supreme Court

Decided September 15, 1870PublishedCited by 2 opinions

Appeal from the Superior Court of Chicago. This was a bill in chancery filed by Laura L. and Samuel Billings, Henry H. Gage being made defendant, to set aside a judgment of the county court of Cook county, for taxes, and that the sale thereunder, together with the deed to the premises made in pursuance thereof, and all proceedings connected therewith, might be declared null and void.

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Appeal from the Superior Court of Chicago. This was a bill in chancery filed by Laura L. and Samuel Billings, Henry H. Gage being made defendant, to set aside a judgment of the county court of Cook county, for taxes, and that the sale thereunder, together with the deed to the premises made in pursuance thereof, and all proceedings connected therewith, might be declared null and void. It is complained that the county treasurer filed a pretended delinquent list, defective in its particulars; that he published notice of application for judgment, in which the premises in question were not…

1Opinion of the CourtJustice Breese

This case is in all important particulars like the preceding case of Gage v. Rohrbach.

In that, we held a court of equity had power to remove a cloud upon the title of a party in possession of land, cl aiming to be the owner, such claim arising from a collector’s deed on a sale for taxes, when the taxes had been, in fact, paid before the sale.

It is true, as argued by appellant, the party in possession can defend an action of ejectment, if one he brought against him by the holder of the tax deed; but such an action may be so long delayed as to place the defending party at great disadvantage.…

2Cited by2 opinions

  1. Glos v. FurmanIllinois Supreme Court · 1897
  2. Speigle v. MeredithU.S. Circuit Court for the District of Indiana · 1868

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