Gage v. Williams

Citations

• 119 Ill. 563
• 9 N.E. 193

Syllabus

<p>1. Behoving cloud upon title—of the possession required in order to avail of the remedy. In order to give a court of equity jurisdiction of a bill to set aside a deed as a cloud upon title, the complainant must show that he is in possession of the land.</p> <p>2. The agent of the owner of the title to a lot of land, finding the same unoccupied, and without improvements thereon, except an old fence, with bars down on the ground, so that any one might go upon it, entered, and put up the bars so as to complete the inclosure of the lot, and nailed a board upon a tree thereon, announcing that the premises were for sale, and calling attention to himself, as such agent: Held,, that these acts of the agent constituted possession of the lot, so as to authorize the owner to maintain a bill to remove a cloud from the title.</p> <p>3. Same—defective tax title. Where the judgment against a lot for taxes is for too large an amount, a sale thereunder and deed will pass no title, and such deed may be set aside as a cloud upon the title of the owner.</p> <p>4. Taxation—:judgment for taxes—computing interest upon penalties. Prior to the act of 1879, amendatory of the Revenue law, in ascertaining for what amount a judgment for delinquent taxes should be rendered, interest was not to be computed upon penalties which might have accrued, but only upon the amount of tax due,</p>