McMahon v. Rowley
Illinois Supreme Court
Writ or Error to the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. Edmond McMahon filed September 5, 1903, an application in the circuit court of Cook county to register title to thirty-eight lots described therein, alleging that he was the owner and that there were no encumbrances upon said land except certain alleged tax deeds under which Jacob Glos, Emma J. Glos, Henry R. Glos and Walter Ranglois claimed certain ownership or interest in said…
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Writ or Error to the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. Edmond McMahon filed September 5, 1903, an application in the circuit court of Cook county to register title to thirty-eight lots described therein, alleging that he was the owner and that there were no encumbrances upon said land except certain alleged tax deeds under which Jacob Glos, Emma J. Glos, Henry R. Glos and Walter Ranglois claimed certain ownership or interest in said premises. Answers were filed by said persons claiming under tax deeds, and the matter was thereupon referred to Theodore…
1Opinion of the CourtJustice Carter
Plaintiffs in error insist that in proceedings to register title to land the burden of proving the invalidity of tax deeds alleged to be clouds on the title rests upon the applicant. This court has held otherwise. When the applicant in a proceeding under this statute for the registration of his title produces evidence establishing title in him, then those who have been brought in as holders of claims to title are required to produce proof to establish the validity of their claims. It is not incumbent upon the applicant for registration of title to affirmatively establish the invalidity of tax…
2Cases cited9 opinions
- People ex rel. Deneen v. SimonIllinois Supreme Court · 1898
- Champion v. McCarthyIllinois Supreme Court · 1907
- Glos v. Kingman & Co.Illinois Supreme Court · 1903
- Gage v. CaraherIllinois Supreme Court · 1888
- Coel v. GlosIllinois Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re Title of Pa PelekaneHawaii Supreme Court · 1912
- Waugh v. GlosIllinois Supreme Court · 1910
- Cregar v. SpitzerIllinois Supreme Court · 1910
- Mundt v. GlosIllinois Supreme Court · 1910
- Walsh v. TimmIllinois Supreme Court · 1923