Gage v. Griffin

Citations

• 103 Ill. 41
• 1882 Ill. LEXIS 141

Syllabus

<p>1. Chancery—jurisdiction—bill to remove cloud on title. Since the act- of 1869, a bill to quiet title or remove a cloud from the title to land which fails to show that the complainant is in possession, or that the premises are unoccupied and unimproved, is bad on demurrer, as not showing a case of equitable jurisdiction.</p> <p>2. Same—waiver of objection to jurisdiction. Where a defendant demurs to a bill to set aside a tax deed as a cloud upon title, on the ground it presents no case for the interposition of a court of equity, but declines to answer, even upon being ruled to answer, he will not be held as having waived his objection that there was a want of jurisdiction, on the ground of there being an adequate remedy at law.</p>