Gage v. Abbott

Under the old chancery practice, to maintain a bill to remove a cloud from a title it was essential the complainant should be in, and the party against whom the bill was filed out of, possession. Reed v. Tyler, 56 Ill. 288; Barnett v. Cline, 60 id. 205 ; Reed v. Reber, 62 id. 240; Lee v. Ruggles, id. 427.

But this is changed by the act of 1869, which allows such a bill to be filed “ whether the lands in controversy are improved or occupied, or unimproved and unoccupied.” Rev. Stat. 1874, p. 204, § 50.

Since that enactment we have held, there are only two cases, under our law, in which a party…