Emery v. Cochran

Citations

• 82 Ill. 65

Syllabus

<p>1. Chancery—MU to remove ¿loud on title. Notwithstanding the statute allowing a party to file a bill to remove a cloud upon his title whether the land is occupied or not, it must appear that the complainant is either legally or equitably seized, and if not in the possession of the property, that he is legally entitled to be.</p> <p>2. Where a bill to set aside conveyances as a cloud on title shows a mortgage which is a prior lien to the deed of trust under which the complainant derives his deed, and there is no allegation of the discharge or release of the mortgage, so that complainant at most had only the equity of redemption, without any right of possession against the mortgagee, the bill will show no right to the relief sought.</p> <p>3. Same—ehwrge of fraud in MU. To invoke the aid of a court of equity to set aside a deed, it is not enough merely to charge, in general terms, that it was obtained by fraud, circumvention and deception, but the facts constituting the fraud, etc., must be specifically stated.</p>