Legal Opinion

Glos v. Archer

Illinois Supreme Court

Decided February 21, 1905Published

Appear from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. This is a bill,- filed by the appellee on December 9, 1903, in the Superior Court of Cook county to set aside a tax deed upon lots 7 and 8 in block 7 in Browne & Culver’s addition to North Evanston, executed to thfe appellant, Jacob Glos, on June 27, 1903. Answers were filed to the bill by the two defendants below, Jacob Glos and Emma J. Glos, to which replications were filed.

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Appear from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. This is a bill,- filed by the appellee on December 9, 1903, in the Superior Court of Cook county to set aside a tax deed upon lots 7 and 8 in block 7 in Browne & Culver’s addition to North Evanston, executed to thfe appellant, Jacob Glos, on June 27, 1903. Answers were filed to the bill by the two defendants below, Jacob Glos and Emma J. Glos, to which replications were filed. Testimony, oral and documentary, was introduced, and, upon the hearing of the cause, a decree was entered substantially in…

1Opinion of the CourtJustice MagrudEr

The bill in this case avers that appellee, Archer, the complainant'below, “is the owner in fee simple absolute and is now in actual possession of” the lots above described. This allegation as to ownership and possession is denied in the answers both of Jacob Glos and Emma J. Glos. This court has often decided that, in a bill to remove a cloud from title, the complainant must allege either that he is in possession' of the property, or that the property is vacant and unoccupied. (Glos v. Goodrich, 175 Ill. 20; Glos v. Huey, 181 id. 149). Here, the allegation is that the appellee, or complainant…

2Cases cited3 opinions

  1. Truesdale v. FordIllinois Supreme Court · 1865
  2. Glos v. GoodrichIllinois Supreme Court · 1898
  3. Glos v. KempIllinois Supreme Court · 1901

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