Gage v. Rohrbach

Citations

• 56 Ill. 262

Syllabus

<p>1. Appeal — at what stage of a came it mil lie. The order of a court simply overruling a demurrer to a bill in chancery, although the demurrer goes to the merits of the bill, is not a final order or decree from which an appeal'will lie ; and an appeal unadvisedly prayed for and allowed, and perfec ted by the filing of a bond, at that stage of the cause, would have no effect whatever in staying further proceedings in the cause, but, notwithstanding such appeal, the court could properly render a final decree on the demurrer, and proceed to a hearing as to other defendants.</p> <p>3. Payment of a judgment on a special assessment—its effect. A judgment was rendered upon a special assessment levied upon a lot of ground, and a precept issued thereon, after which the owner paid the amount of the judgment, and costs, to the collector, notwithstanding which, the latter proceeded to sell the lot under color of the judgment, having, in error, credited the money paid, upon the adjacent premises : Held, the payment operated to extinguish the judgment, and the subsequent proceedings under it — the sale and certificate of purchase issued thereon — were absolutely void.</p> <p>3. Cloud opon title—claim under a void sale on special assessment. In such case the owner of the lot so improperly sold may, under the general jurisdiction in chancery, if he is in actual possession, or, under the statute, * whether in the occupancy of the premises or not, resort to his bill in equity to remove the cloud upon his title occasioned by such illegal proceedings, by having them declared invalid, and enjoining any further action under them. Nor is the jurisdiction in chancery, in that regard, at all afíected by the fact that the owner could, as provided by statute, on presenting his receipt for the money paid upon the judgment, have the collector mark opposite his lot on the list of lots sold, “ sold in mistake.”</p>