Gage v. Scales

Citations

• 100 Ill. 218
• 1881 Ill. LEXIS 80

Syllabus

<p>1. Appeal—whether a freehold is involved. A bill to set aside a deed for land made on a sale for taxes, by one claiming title on the ground of a redemption from such sale, in which suit the redemption is denied, involves a freehold, and an appeal lies from the Appellate Court.</p> <p>2. Redemption —from tax sale—mistake of county clerk as to amount. Where the qwner of real estate sold for taxes applied to the county clerk to redeem the same, and paid the sum required of him by the clerk, and took a certificate of redemption, but the clerk, by mistake, failed to require the payment of taxes subsequent to the sale: Held, that a court of equity had the power to relieve the owner against the mistake of the clerk, and protect the title of the owner, upon his paying the amount of the subsequent taxes.</p> <p>3. The county clerk is the proper person to receive the redemption money, and it is his duty to inform the owner seeking to redeem, of the correct amount to be paid for that purpose.</p> <p>4. Although redemption from a tax sale is a statutory right, yet a party attempting, in good faith, to make it, may be relieved against the mistakes or frauds of the officers of the law, or of the purchaser. If he has attempted to redeem, and has done all he was required to do by those entitled to receive the money, in such ease the sale will be discharged, even though in consequence of the mistake of the officer he has paid less than the proper amount, if he will pay the deficiency.</p> <p>5. Same—subsequent taxes, how found. On application to redeem land from a tax sale while the tax books are in the hands of the collector, the county clerk can require the party to present a receipt showing the payment of subsequent taxes, or-if they have been paid by the person holding the certificate, a statement from the collector showing the amount paid, by whom and when; and in this manner the proper amount necessary to redeem may be ascertained.</p>