Legal Opinion

Glos v. Kelly

Illinois Supreme Court

Decided October 24, 1904Published

Appeal from the Circuit Court of Cook county; the Hon. J. W. Magic, Judge, presiding. Dennis Kelly, the appellee, filed his petition, on November 19, r'901, in the circuit court of Cook county, to establish and confirm title in him to certain lots in the city of Chicago, under the act of the legislature commonly referred to as the Burnt Records act.

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Appeal from the Circuit Court of Cook county; the Hon. J. W. Magic, Judge, presiding. Dennis Kelly, the appellee, filed his petition, on November 19, r'901, in the circuit court of Cook county, to establish and confirm title in him to certain lots in the city of Chicago, under the act of the legislature commonly referred to as the Burnt Records act. The petition, after setting forth the description of the lots, the character and extent of the estate claimed by the petitioner, and from whom, when, and by what mode he derived his title thereto, and that the records pertaining to the title had…

1Opinion of the CourtJustice Scott

The petition herein indicates on its face that it is filed under the “Burnt Records act.” Appellant contends that .this is a mere pretense, and that it is, in fact, a bill to set aside his tax title as a cloud upon the title of petitioner, and refers us to the case of Gage v. McLaughlin, 101 Ill. 155. In that case, the only persons named as defendants were Gage, the owner of the tax title, and the widow and heirs of Andrew Cook. The latter had conveyed the property, after the destruction of the records, by mortgage, which had been foreclosed and passed to a deed through which petitioner took…

2Cases cited5 opinions

  1. Gage v. CaraherIllinois Supreme Court · 1888
  2. Young v. WilkinsonTennessee Supreme Court · 1858
  3. Gage v. DuPuyIllinois Supreme Court · 1890
  4. Gage v. McLaughlinIllinois Supreme Court · 1881
  5. Gage v. GentzelIllinois Supreme Court · 1893

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