Gage v. Chapman

Citations

• 56 Ill. 311

Syllabus

<p>1. Appeal— at what stage of a cause it vñll lie. An appeal does not lie from an order of court overruling a demurrer merely, and where such an appeal has been improvidently granted, and the appeal perfected, the court may treat it as a nullity, and still go on and render a final decree in the cause.</p> <p>2. Cloud upon title — arising upon a sale for taxes —jurisdiction in chancery. In the case of a tax certificate, issued upon an illegal sale of land for taxes, a court of equity will take jurisdiction to annul the sale, and cancel the tax certificate, and thus remove a cloud upon the title of the land.</p> <p>3. Parties —joinder of parties in chancery. Where the several owners of certain lots of ground, on which special assessments had been illegally levied, and the lots severally sold therefor, and certificates issued to the purchaser, joined in a bill in chancery, the certificates of purchase being all held by the same person, to annul the several judgments against the lots, and vacate the sales made in pursuance thereof, and compel the surrender of the certificates of purchase, for the reason that they were clouds upon the titles of the complainants, it was held, although the complainants had a several, and not a joint, interest in the lots sold, and each one might have filed his separate bill, yet having one common interest touching the matter of the bill, and one common ground of relief, and the tax sales all sought to be impeached upon one and the same ground of invalidity, there could be no objection to the complainants uniting in one suit.</p> <p>4. Costs—in chancery. In a suit in chancery, wherein it was sought to annul certain judgments for special assessments, levied by the town of Hyde Park, because the assessments were illegal, and to vacate the sales made in pursuance thereof, and compel the surrender of the certificates of purchase, the purchaser -at the tax sales, the assignee of the certificate of purchase and the town of Hyde Park being made d