Glos v. Randolph

Bill by appellee against appellants to remove cloud from title to “south four acres of west half of block 22, in Stough’s second addition to the town of Hinsdale.” Decree as prayed, and appellants appeal.

The bill alleges, among other things, “that said real estate is vacant and unoccupied.” This allegation is material. There are but two cases, under our statute, in which a bill to remove cloud from title can he maintained, viz., where the complainant is in possession of the premises, or where they are unoccupied. (Hardin et al. v. Jones, 86 Ill. 313; Oakley et al. v. Hurlbut, 100 id. 204;…