Gage v. Curtis

Citations

• 122 Ill. 520
• 14 N.E. 30

Syllabus

<p>1. Cloud upon title—who may complain—remedy at law or in chancery. Unless the complainant is in possession of the land, or it is vacant and unoccupied, a bill will not lie to have a deed set aside as a cloud on the title; and where the bill fails to show such jurisdiction al fact, no relief can be granted, but the party will be left to his remedy at law by action of ejectment.</p> <p>2. Allegations and proofs—must correspond—on bill to remove cloud upon title. On bill to set aside certain tax deeds as clouds on the title of complainant, it is error to set aside any tax deeds other than those described in the bill as affecting the title. A complainant must stand or fall by the case he makes in his bill.</p> <p>3. The validity of a tax deed, not described in a bill to remove clouds on the title to land, can not be insisted upon by the defendant as a defence to the suit, and much less can it be considered and condemned at the instance of the complainant, when no relief is asked in respect to it.</p>