Johnson v. Huling

Citations

• 127 Ill. 14
• 18 N.E. 786

Syllabus

<p>1. Removing cloud upon title—question of possession—or that the premises are vacant and unoccupied. On bill to remove alleged clouds upon the title to land, the burden of proof is on the complainant to make out a case,—and this is not done unless he shows that he was in possession, or that the property was vacant and unoccupied, at the time of the filing of the bill. It is not sufficient to prove that the premises were vacant at some time after the suit is brought.</p> <p>2. Same—setting aside tax title—upon terms. .It is error to decree that certain tax titles be set aside as a cloud upon title, except upon the condition that the complainant shall pay to the parties entitled thereto, the amount found by the court to be equitably due. If there is doubt as to which of several defendants is entitled to receive the same, the money should be ordered into court for the use of the parties entitled.</p>