Gage v. Abbott

Citations

• 99 Ill. 366
• 1881 Ill. LEXIS 182

Syllabus

<p>1. Chancery — bill to remove cloud. Since the enactment of the statute of 1869, there are only two cases in which a party may file a bill to quiet title or remove a cloud from the title to real property: first, where he is in possession of the lands; and, second, where he claims to be the owner, and the lands in controversy are unimproved and unoccupied. If they are improved and occupied by the adverse party, this remedy does not apply, but the party must resort to ejectment.</p> <p>2. A bill to quiet title or remove a cloud from the title to land, which fails to show that the complainant is in possession, or that the premises are unimproved and unoccupied, is bad on demurrer, as not showing a case for equitable relief.</p>