Gage v. Harbert

Citations

• 145 Ill. 530
• 32 N.E. 543

Syllabus

<p>1. Chancery—requisites of plea. A plea in equity should clearly •and distinctly aver all the facts necessary to render it a complete, equitable defense to the case made by the bill, so far as the plea extends. It must be specific and distinct, and must be perfect in itself. The same strictness and exactness are required in such a plea, at least in substance, as in actions at law.</p> <p>2. Burnt Records Act—jurisdiction—of court to pass on validity of title. Under see. 20 of the Burnt Records act, the court has the power to determine and decree in whom the title in controversy belongs.</p> <p>3. Same—plea setting up title in defendant. A party filing his bill under the Burnt Records act may make any person claiming title to the premises a party defendant for the purpose of determining the validity of such title. In such case, if the defendant has or claims the title, he should set it up by answer or plea to the bill.</p> <p>4. In such a case, if the defendant has a valid title to the premises growing out of a sale for taxes, or otherwise, and sets up the same by plea, it should on the argument be held to constitute a defense. But such plea is bad if it fails to allege title in the defendant, or facts and circumstances showing title.</p> <p>5. Sufficiency of plea to bill to confirm title. In a bill to establish and confirm title under theBurnt Records act, the defendant pleaded that on, etc., the premises were sold to him for taxes, the issue of a certificate of purchase and the making of a deed to him within three years, and its record in the time required: Held, that the plea was clearlybad, as if every fact set up therein were true, it would not follow that defendant had the title to the property.</p> <p>6. Tax Title—sufficiency of pleading to show. If a defendant in chancery desires to rely upon a tax deed as title to land, he should set up by plea or answer the making of the deed to him, and that under and by virtue of such deed the title became vested in him