Converse v. Rankin

Citations

• 115 Ill. 398

Syllabus

<p>1. Cloud upon title—tax title—where there has teen an effort to redeem. A person whose land had been sold for taxes, in proper time attempted to redeem it from the sale, and paid the amount required of him by the officer entitled to receive redemption money, and received a certificate of redemption, and when notified of a trifling deficit, sought in good faith to ascertain the amount so as to pay the same. He was referred to the purchaser, who promised to make and deliver a statement of such deficiency, if any, which he failed to do, but took out a tax deed: Held, a court of equity would set aside such deed as a cloud on the title of the person seeking to make redemption, upon payment of the deficiency.</p> <p>2. Costs—in chancery—discretionary. Under the statute (Rev. Stat. chap. 33, see. 18,) the matter of costs, in most chancery cases, is within the discretion of the court. Where one wrongfully takes out a tax deed, it is proper, on bill to set the same aside as a cloud on title, to award costs against him.</p>