Gage v. Hervey

Citations

• 111 Ill. 305

Syllabus

<p>1. Tax title — affidavit as to notice of purchase. Unless the statute has been complied with in making the affidavit necessary to procure a tax deed on a tax purchase, the deed may be set aside on the application of the owner of the patent title, upon equitable terms.</p> <p>2. Same — of the notice to entitle purchaser to deed. Where the affidavit made to entitle the holder of a tax certificate of purchase to a deed, shows that the property was “taxed or specially assessed in the names of Bobert Hervey and Bobert Henry, ” and the allegation of service is that “he served said notice on said Bobert Hervey and Bobert Henry, by handing the same to and leaving the same with Bobert Hervey personally, ” it fails to show a sufficient service as to Bobert Henry, and will not authorize the making of a tax deed, and if made, it may be set aside as a cloud on the title, upon payment of the amount paid at the tax sale and for subsequent taxes, with six per cent interest.</p>