Gage v. Caraher

Citations

• 125 Ill. 447
• 17 N.E. 777

Syllabus

<p>1. Burnt Records act—what facts will bring a case within the act. Where it is averred and shown that the records of a county have been destroyed by fire, and that at that time the petitioner was the owner of the realty the title to which is sought to be confirmed; that he has had a connected chain of title from the government, evidenced by certain deeds of conveyance which are lost; that such deeds had been recorded and the record thereof destroyed in such fire, and that the defendants claim title in fee to the premises, and had caused deeds thereto to be placed on record, etc., and the petition is properly verified, it will entitle the petitioner to relief under the Burnt Records act, notwithstanding there may be adverse claimants.</p> <p>2. Same—allegations in respect to adverse claims—burden upon the parties respectively, in regard to his own claim of title. Under this act it is not necessary to aver in the petition that tax deeds held adversely are invalid, and show the grounds of their invalidity, as is required in bills to remove such deeds as clouds upon the title. All that is required in respect of adverse claimants or their titles is, that such claimants shall be named in the petition, and made defendants. The petitioner is required to show the validity of his own title, only, and when a person is made a defendant, it devolves upon him to establish the title he may claim to the property,,</p> <p>3. Same—settling adverse or conflicting titles. By section 10 of the act, the court, is given power to inquire into the condition of any title to or interest in the land, and to make all such orders, judgments or decrees as may be necessary to determine and establish such title or interest, either of a legal or equitable character; and by section 15, in such decrees, whether pro confesso or otherwise, to determine and decree in whom the title is vested.</p> <p>í. Same—confirming title as against tax title—upon terms. In a proceeding under the Burnt Records act, t