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· 9/15/1870

Gage v. Billings

Citations

  • 56 Ill. 268

Syllabus

<p>1. • Cloud upon title, arising on a tax deed —jurisdiction in chancery. A court of equity has power to remove a cloud upon the title of a party in possession of land, claiming to he the owner, such cloud arising upon a collector's deed on a sale for taxes, when the taxes had been, in fact, paid before the sale.</p> <p>2. Although the party in possession can defend an action of ejectment, if one be brought against him by the holder of the tax deed, yet such an action may be so long delayed as to place the defending party at great disadvantage. And such party can not be said to have a remedy at law, though he may have a defense at law.</p>

Judges: Breese

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