Gage v. Starkweather
Illinois Supreme Court
Writ oe Error to the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. On the 9th of May, 1879, Chauncey C. Starkweather filed in the office of the clerk of the Superior Court of Cook county his bill in chancery against Asahel Gage, and therein, in substance, alleged that he was the owner of lot 37, in Rawson’s subdivision of lots, in Bradley and Honore’s subdivision of the west half of the north-east quarter of section 14, town 39, range 13, and has…
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Writ oe Error to the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. On the 9th of May, 1879, Chauncey C. Starkweather filed in the office of the clerk of the Superior Court of Cook county his bill in chancery against Asahel Gage, and therein, in substance, alleged that he was the owner of lot 37, in Rawson’s subdivision of lots, in Bradley and Honore’s subdivision of the west half of the north-east quarter of section 14, town 39, range 13, and has been such owner since the 15th day of May, 1875; that said lot was sold to Henry H. Gage for $9.90 on the 9th day of…
1Opinion of the CourtJustice Scholeield
This writ must be dismissed. No freehold is involved, and there is no other ground upon which we can entertain jurisdiction. The bill, in effect, is simply a bill to redeem. The so-called tax deed is alleged in the bill, and admitted by the demurrer, to have been without a seal, and so it is of no effect as an instrument of conveyance. (Pile v. McBratney, 15 Ill. 314.) Where title is invalid on its face, so that it can never be successfully maintained, it does not amount to a cloud, but may always be repelled by an action at laiv. (Overing v. Foote, 43 N. Y. 290; Ward v. Dewey, 16 id. 519;…
2Cases cited3 opinions
- Overing v. . FooteNew York Court of Appeals · 1871
- Meloy v. DoughertyWisconsin Supreme Court · 1862
- Pile v. McBratneyIllinois Supreme Court · 1853
3Cited by8 opinions
- Saybe v. SageSupreme Court of Colorado · 1910
- Roby v. South Park CommissionersIllinois Supreme Court · 1905
- Ragor v. LomaxAppellate Court of Illinois · 1887
- Hill v. 1550 Hinman Ave. Building Corp.Appellate Court of Illinois · 1935
- Hollingsworth v. KoonsAppellate Court of Illinois · 1883
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