Cotes v. Rohrbeck

Citations

• 139 Ill. 532
• 28 N.E. 1110

Syllabus

<p>1. Tax deed—bill to set aside—tender required of complainant. Where ■the complainant in a bill to set aside a tax deed desires to place the ■owner of the tax title in the wrong, and to entitle himself to equitable relief, he must make a tender of the taxes, interest and costs, and keep such tender good by bringing the money into court, or offering to do so in the bill.</p> <p>2. Same—decree to set aside-^what it should require of complainant. A decree setting a tax title aside as a cloud on the title should require the complainant to refund the amount paid at the tax sale, and all taxes charged upon the land paid by the purchaser, with interest at six per cent per annum, as a condition to the relief sought.</p> <p>3. Tax sale—property of married woman—notice of expiration of time of redemption served upon husband. The service of a notice of a tax purchase, and when the time of redemption will expire, upon a married woman who is the owner, by leaving a copy thereof with her husband, is not a legal service, and renders the tax deed void.</p> <p>4. Chancery practice—proof of allegations of bill not admitted by answer. Where the answer neither admits nor denies a material alieÍ gation of the bill, and no exceptions are filed to it, but a general replication is filed thereto, the complainant must prove such allegation.</p>