Gage v. Busse

Citations

• 102 Ill. 592
• 1882 Ill. LEXIS 68

Syllabus

<p>1. Tax same—;judgment in excess of proper amount—redemption by owner. If a judgment against land for taxes may be inquired into on bill in chancery, and it may be shown that part of the taxes included in the judgment is illegal, the owner should be allowed to redeem from the sale by paying the redemption money allowed by the statute had the judgment and sale been for the proper amount of taxes.</p> <p>2. Costs—on bill to set aside tax sale. Where a lot owner knows of an application for judgment against his lot for taxes, fails to pay the taxes properly assessed, and lies by and permits judgment for the taxes, embracing an erroneous tax, to be entered, and permits another in good faith to purchase on the faith of the judgment, and not offering before suit to pay the redemption money necessary had the erroneous taxes been omitted, it is not proper, on bill filed to set aside the sale, to require the purchaser to pay the costs.</p>