Legal Opinion

Gage v. Bani

Supreme Court of the United States

Decided October 26, 1891No. 20PublishedCited by 19 opinions

APPEAL FROM THE CIRCUIT COURT • OF • THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The court stated the ease as follows: The appellee Bani, claiming to be the owner in. fee,' and being in the actual possession, of lots 12 and 13 in block 2 of Lewis Heintz’s subdivision of twenty-four acres in the town •of Lake, Cook County, Illinois, brought this suit, December 6, 1883, for a decree setting aside and declaring void three several tax deeds, covering those lots, and…

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APPEAL FROM THE CIRCUIT COURT • OF • THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The court stated the ease as follows: The appellee Bani, claiming to be the owner in. fee,' and being in the actual possession, of lots 12 and 13 in block 2 of Lewis Heintz’s subdivision of twenty-four acres in the town •of Lake, Cook County, Illinois, brought this suit, December 6, 1883, for a decree setting aside and declaring void three several tax deeds, covering those lots, and whigh were held by the defendant Asahel Gage. ■ It was alleged in the bill that the plaintiff derived title by…

1Opinion of the CourtJustice Harlan

It is not necessary to consider whether the defendant’s plea was or was not sufficient; for the facts alleged in it, namely,. the execution by the county clerk to Gage of the tax deed of July 24, 1876,' and the recording of that deed, are restated and relied on in the answer; and no objection was made in the court below to the answer upon the ground that it set up the same matter presented by the plea. Story’s Eq. PI. § 688.

In respect to that tax deed, it appears that the sale, upon which it was based was made August 29, 1873. Did Gage serve or cause to be served upon Caldwell notice of that…

2Cited by19 opinions

  1. In Re County CollectorAppellate Court of Illinois · 2005
  2. Troeder v. LorschCourt of Appeals for the First Circuit · 1906
  3. Gaither v. LagerIllinois Supreme Court · 1954
  4. Midwest Real Estate Investment Co. v. AndersonAppellate Court of Illinois · 1998
  5. Denver City Tramway Co. v. NortonCourt of Appeals for the Eighth Circuit · 1905

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