Holden v. Holden
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Henry 1VI. Shepard, Judge, presiding. Appellant filed this bill in chancery in the Superior Court of Cook County, as follows: Complainant, Newton P. Holden, of Frankfort, Will County, Illinois, represents, That on or about March 1, 1881, complainant became the owner in fee simple of the premises in question by virtue of the warranty deed, dated March 1,1881, from Eliza W. Roach to Newton P. Holden.
Read the full summary
Appeal from the Superior Court of Cook County; the Hon. Henry 1VI. Shepard, Judge, presiding. Appellant filed this bill in chancery in the Superior Court of Cook County, as follows: Complainant, Newton P. Holden, of Frankfort, Will County, Illinois, represents, That on or about March 1, 1881, complainant became the owner in fee simple of the premises in question by virtue of the warranty deed, dated March 1,1881, from Eliza W. Roach to Newton P. Holden. Consideration, $5,500. Conveying the property in dispute in this case. Acknowledged March 3, 1881. Recorded April 13, 1881, book 1074, page…
1Opinion of the CourtMoran, P. J.
The question, is whether, under the facts stated in the' bill, a case is made for equitable cognizance. It is contended that a court of equity has no jurisdiction to quiet title or remove a cloud upon the title to real estate, unless the complainant is.in possession, or the land is unimproved or unoccupied. Such is no doubt the general rule, but there are well recognized exceptions.
Where a complainant is seeking to remove a cloud which is in the nature of a legal title, which is being or may be asserted adversely to the title which he desires to protect, then he must show that he is in…
2Cases cited10 opinions
- Hansbrough v. PeckSupreme Court of the United States · 1867
- Vansant v. AllmonIllinois Supreme Court · 1859
- Booth v. WileyIllinois Supreme Court · 1881
- Stanley v. ValentineIllinois Supreme Court · 1875
- Hopkins v. SnedakerIllinois Supreme Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Huddleston v. HendersonAppellate Court of Illinois · 1913
- Johnson v. McChesneyAppellate Court of Illinois · 1889
- Sanders v. PeckAppellate Court of Illinois · 1889