Farwell v. Harding

Citations

• 96 Ill. 32
• 1880 Ill. LEXIS 2

Syllabus

<p>. 1. Chancery—granting relief upon terms—setting aside tax certificates as a cl°ud uPon Where the owner of land seeks the aid of a court of equity to set aside certain tax sales as a cloud upon his title, alleging irregularities i” respect thereto, the relief will be granted only upon equitable terms, as, that he shall pay to the holder of the certificates of such sales the amount expressed therein, together with subsequent taxes paid on the land by such</p> <p>9. Same—whether complainant must accept the terms upon which he is offered relief. But in such case it is optional with the complainant to accept the relief sought, upon the terms prescribed, or to refuse to do that which is required of him as a condition to his obtaining the relief, and consequently waiving his claim to any decree in his favor. The defendant will have no right to compel the acceptance of the terms prescribed, or the performance of the condition.</p> <p>3. The correct practice in such a state of case seems to be, for the court to prescribe the terms upon which the relief will be granted, and in case the complainant declines or refuses to comply with those terms, to dismiss the bill.</p> <p>4. In this case the relief sought being the setting aside of certain tax certificates as a cloud upon complainant’s title, the court below decreed that if complainant should, within a time fixed, pay to the holder of the tax certificates the amount he had advanced on account of taxes, thereupon all his claims upon the premises should be extinguished,—but if the complainant should not make such payment within the time limited, then the rights and interests of the defendant under the tax sales should remain unaffected by the decree. This was held to be a proper disposition of the case, and substantially a compliance with the correct rule of practice.</p> <p>5. Same—cross-bill—whether necessary—and of its effect when unnecessarily filed. Where the relief sought by bill in chancery is of such character that