Gage v. Curtis
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. Fred C. Curtis, Jacob Swart and Allen Bowersax filed their hill in chancery in the Superior Court of Cook county, against Henry H. Gage, alleging therein that they are the owners of certain lots in the Superior Court partition of the south-east quarter of the south-east quarter of section 22, township 38 north, range 14 east, in Cook county; that the property was owned by B. C.…
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Writ of Error to the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. Fred C. Curtis, Jacob Swart and Allen Bowersax filed their hill in chancery in the Superior Court of Cook county, against Henry H. Gage, alleging therein that they are the owners of certain lots in the Superior Court partition of the south-east quarter of the south-east quarter of section 22, township 38 north, range 14 east, in Cook county; that the property was owned by B. C. Fisher, M. A. Fisher, Goudy, Quackenbush and Armstrong, in undivided interests, and they procured a partition thereof by…
1Opinion of the CourtJustice Scholfield
There are two grounds upon which the decree below must be reversed, without regard to whether the other grounds are well urged.
First—It is neither alleged that complainants are in possession of the property, nor that it is vacant and unoccupied, without one of which allegations the complainants must be remitted to their remedy at law, by action of ejectment. Gage v. Griffin, 103 Ill. 41; Hardin v. Jones, 86 id. 313; Gage v. Abbott, 99 id. 366.
Second — The deeds described in the bill, and which are-sought to be removed as clouds, are, first, a deed made on March 13,1877, pursuant to a sale…
2Cases cited4 opinions
- White v. MorrisonIllinois Supreme Court · 1849
- Gage v. MayerIllinois Supreme Court · 1886
- Ward v. EndersIllinois Supreme Court · 1863
- Gage v. GriffinIllinois Supreme Court · 1882
3Cited by13 opinions
- Houlihan v. MorrisseyIllinois Supreme Court · 1915
- Webster v. HallIllinois Supreme Court · 1944
- Glos v. HanfordIllinois Supreme Court · 1904
- Glos v. CarlinIllinois Supreme Court · 1904
- Martin v. FrankAppellate Court of Illinois · 1930
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