C. W. & E. Pardridge v. Village of Hyde Park

Citations

• 131 Ill. 537

Syllabus

<p>1. Special assessment—abandonment of a part of the proposed improvement—new assessment as to the residue. In a proceeding by special assessment to make compensation for land taken for a street, after the roll had been filed showing the compensation to be made for opening the street as proposed, the village authorities repealed the ordinance upon which the proceeding was based, except as to the land embraced in a certain part of the street as originally contemplated, and abandoned the improvement as to the residue. On proof that the village had possession of that portion of the street which had not been abandoned, the court dismissed the case as to the other part, and ordered a new assessment accordingly: Held, that the court properly set aside the original assessment and directed a new one, and that there was no necessity for the passage of a new ordinance limited to the part of the street not abandoned.</p> <p>2. Same—new assessment—on failure to collect a former one. Section 48, of article 9, of the act relating to cities and villages, which provides that the board of trustees, on failure to collect a special assessment, may direct a new one to be made “within five years after the confirmation of the original assessment,” has no application when such original assessment has never been confirmed.</p> <p>3. Limitation—collection of special assessment. Where a petition for an order directing a special assessment to be made to pay the compensation for land condemned for a street, is dismissed only as to a part of the proceeding, and is still pending as to the part not abandoned when a new assessment is ordered, the Statute of Limitations will not run against the part so continued.</p> <p>4. Tax deed—judgment and precept. A tax deed, to be admitted in evidence as title, must be accompanied by proof of a judgment, and a precept, as a foundation for the tax sale.</p> <p>5. Same—against whom the deed is prima facie evidence. A tax deed is only prima facie evidence, und