Gage v. Caraher
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a petition under the Burnt Records act, (Rev. Stat. chap. 116,) by Patrick Caraher, against appellants and others, to establish and confirm his title to lot 3, in block 9, school section addition to Chicago, and lot 21, in Gurley’s subdivision of block 10, canal trustees’ subdivision of the south-east quarter of section 17, town 39, range 14 east, in Cook county, Illinois.
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a petition under the Burnt Records act, (Rev. Stat. chap. 116,) by Patrick Caraher, against appellants and others, to establish and confirm his title to lot 3, in block 9, school section addition to Chicago, and lot 21, in Gurley’s subdivision of block 10, canal trustees’ subdivision of the south-east quarter of section 17, town 39, range 14 east, in Cook county, Illinois. The petition, in addition to complying with section 16 of the act, in averring the destruction of the record and setting…
1Opinion of the CourtJustice Shope
It is contended that this proceeding is not, properly considered, under the act known as the “Burnt Records act.” This is a misapprehension. This case is essentiaUy different from Gage v. McLaughlin, 101 Ill. 155. It was said in that case: “This bill, while ostensibly filed under the act, is in reality one filed to remove the tax deeds of Gage as a cloud on petitioner’s title.” That the effect of the proceeding may be to remove a cloud from the petitioner’s title, can not be regarded as a test of whether the proceeding is properly under the act. That will, in all cases, depend upon the case…
2Cases cited7 opinions
- Mulvey v. GibbonsIllinois Supreme Court · 1877
- Gage v. McLaughlinIllinois Supreme Court · 1881
- Pitkin v. YawIllinois Supreme Court · 1851
- Robinson v. FergusonIllinois Supreme Court · 1875
- Towner v. TooleyNew York Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Meadowcroft v. PeopleIllinois Supreme Court · 1896
- Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
- State v. BeachIndiana Supreme Court · 1897
- Gill v. MoreSupreme Court of Alabama · 1917
- People ex rel. Deneen v. SimonIllinois Supreme Court · 1898
13 more not listed; retrieve them via the Exa API.