Gould v. Sternburg

There are only two cases, under the laws of this State, in which a party may file a bill in a court of chancery to quiet title, or to remove a cloud from the title to real property: First, when he is in possession of the lands; and second, when he claims to be the owner, and the lands in controversy are unimproved and unoccupied. (Hardin v. Jones, 86 Ill. 313; Gage v. Abbott, 99 id. 366; Oakley v. Hurlbut, 100 id. 204.) This case does not come within the rule on this subject so frequently declared. The object of the bill is to have certain deeds and a mortgage cancelled, as a cloud upon the…