Gage. v. Kaufman

Citations

• 133 U.S. 471
• 10 S. Ct. 406
• 33 L. Ed. 725
• 1890 U.S. LEXIS 1924

Syllabus

<p>In a bill in equity to quiet title, an allegation that the plaintiff is seized in,fee simple, is a sufficient allegation that he has the possession as wqll as the title.</p> <p>In a bill in -equity, an allegation that the plaintiff has no adequate remedy fit law is dispensed with by Rule 21 in Equity.</p> <p>A bill in equity to remove a cloud upon title, created by a tax deed, which alleges that no taxes were due upon which the land could be sold, need not offer to pay any taxes as a condition of relief.</p> <p>By the law of Illinois, a tax deed is no more than prima facie evidence in favor of the purchaser, and may be shown to be invalid by proof that there was no advertisement of sale, or -no judgment or precept, or no taxes unpaid, or no notice to redeem given or recorded; and a bill to remove a cloud upon title, alleging that the defendant claims under a tax deed valid on its face, but invalid on the grounds aforesaid, is good on demurrer.</p>