Burton v. Gleason

Citations

• 56 Ill. 25

Syllabus

<p>1. Cloud upon title — remedy of one out of possession. A party out of possession of land, and claiming to hold the title thereto in fee simple, sought relief in. a court of chancery against a deed alleged to have been wrongfully made by one of the grantors in the chain of title to the widow of his grantee, the deed to the latter having been lost without ever having been recorded: Held, the complainant being out of possession, had his remedy at law by action of ejectment, and therefore could have no relief in equity.</p> <p>2. In such case, the fact that the deed was made to the widow of one of the grantees, to supply the place of the lost deed to her husband, would constitute no such equity as to give chancery jurisdiction. The owner of the legal title could recover in ejectment, notwithstanding that deed, upon proving the execution of the original deed and its loss.</p>