Wing v. Sheerer
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. This was a bill in chancery, exhibited by Edward Sherrer against Samuel Wing, Samuel W. Kroff, Lydia and Alice C. Whitman, Martin J. Whitman, Catharine C. Kroff, Elizabeth Kroff and Kienhard Hageman. The object of the bill and the material facts of the case appear in-the opinion of the court.
1Opinion of the CourtJustice Scott
Prior to the passage of the act of 1869, a court of equity would not assume jurisdiction to remove a cloud from the title to real estate unless it appeared the owner was in possession. That act extended the jurisdiction of the court so that it might hear and determine bills to quiet title and to remove clouds from the title to real estate where the lands in controversy were unimproved or unoccupied. The reason for t'ne previous rule that, obtained, was, the party had a remedy at law. Pie could assert whatever title he had in an action of ejectment.
That equity will entertain a bill to quiet…
2Cases cited2 opinions
- West v. SchneblyIllinois Supreme Court · 1870
- Hopkins v. GrangerIllinois Supreme Court · 1869
3Cited by14 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Smith v. GardnerOregon Supreme Court · 1885
- Hutchinson v. HoweIllinois Supreme Court · 1881
- Coel v. GlosIllinois Supreme Court · 1907
9 more not listed; retrieve them via the Exa API.