Harding v. Brophy

Citations

• 133 Ill. 39
• 24 N.E. 558

Syllabus

<p>1. Tax title—service of notice on the owner—excuse that owner could ■■not be found—sufficiency of affidavit—diligence required. An affidavit ■of the service of notice of a tax purchase showed that the affiant was unable to find the names of any of the owners of the land except the estate of D. L. Gregg and two other persons: Held, that this impliedly • amounted to an assertion that the estate of D. L. Gregg was one of the owners, and the tax purchaser was required to serve notice upon the representatives of that estate, or show that upon diligent inquiry they -could not be found in the county.</p> <p>2. An affidavit to procure the issue of a tax deed, stated as an excuse for not personally serving notice' of the time when the redemption would expire on the owners, that affiant was unable, on diligent search •■and inquiry, to find the names of any of said owners except A B and the estate of D. L. G.: Held, fatally defective in failing to show that . affiant was not able, upon diligent inquiry, to find in the county those who represented the estate. It was not sufficient to search and inquire for the names of the owners. It was necessary to make diligent search -■and inquiry for the owners themselves.</p> <p>3. Same—notice by publication—whether allowable. Publication of notice of a tax purchase is only made necessary, and can only be regarded as a substitute for personal service, when the owner can not, upon diligent inquiry, be found in the county. Unless this is shown, •there is no authority to publish the notice.</p> <p>4. Practice in the Supreme Court—changing the record—by stipulation. The parties, on appeal or error, can not, by stipulation or consent, change the record of a cause by showing a different state of fact than that acted upon by the court below, and thus procure the judg.znent of this court upon different or new facts.</p>