Gage v. Busse
Illinois Supreme Court
Appeal from the Superior Court of Cook county. This was a suit in chancery, instituted in the court below by Busse and Sturtevant against Gage, to remove a cloud upon title, consisting of certain certificates of sales of land for taxes held by Gage. The court below granted the relief sought by the bill, and the defendant thereupon appealed directly to this court.
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Appeal from the Superior Court of Cook county. This was a suit in chancery, instituted in the court below by Busse and Sturtevant against Gage, to remove a cloud upon title, consisting of certain certificates of sales of land for taxes held by Gage. The court below granted the relief sought by the bill, and the defendant thereupon appealed directly to this court. The appellees now move the court to dismiss the appeal, on the ground that the case does not come within any of the classes in which an appeal is allowed to be taken from the trial court to this court, but that it should have been…
1Opinion of the Court
Scott, J.:
The disposition of the motion involves a construction of the recent Practice act of 1879. We are all of opinion that where a freehold is involved in litigation, the appeal, whether the action is at law, or in chancery, may be taken directly into this court; but a majority of the court are of opinion that in this case no freehold is involved, and for that reason the appeal is dismissed.
Appeal dismissed.
Dickey, J.:
I think in this case there is a freehold involved. Before the answer was filed the time of redemp-, tion from these tax certificates had passed. The defendant came in, and…
2Cited by17 opinions
- Hutchinson v. HoweIllinois Supreme Court · 1881
- Kronenberger v. HeinemannIllinois Supreme Court · 1901
- Wells v. GlosIllinois Supreme Court · 1917
- Glos v. SternIllinois Supreme Court · 1904
- Galbraith v. PlastersIllinois Supreme Court · 1882
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