Gage v. Pirtle

Citations

• 124 Ill. 502
• 17 N.E. 34

Syllabus

<p>1. Removing cloud upon title—setting aside tax deed—upon what terms. The proper terms on which to set aside a tax deed taken out on an insufficient notice of the purchase, is to require the owner of the land to pay to the holder of the tax deed the amount paid at the tax sale, and all subsequently paid taxes, with interest thereon, and not the amount required to redeem, and subsequent taxes, with interest thereon.</p> <p>2. Same—former decision distinguished. In the case of Gage v. Busse, 102 Ill. 592, the bill was filed before the time of redemption had expired, and it sought to redeem without the payment of an illegal tax in part, and it was not intended in that case to depart from the prior decisions holding that it is only necessary for the complainant to pay the amount of the sale, subsequent taxes and interest.</p> <p>3. Same—“penalties,” under act of 1885—the statute construed. The penalties mentioned in the act of 1885, amendatory of section 224, chapter 120, of the Revised Statutes, and which are required to be paid as a condition to the setting aside of a tax deed, are those which the holder of the tax deed, or his assignor, shall have paid or be entitled to in procuring his tax deed.</p>