Lomax v. Gindele

Citations

• 117 Ill. 527
• 7 N.E. 483

Syllabus

<p>1. Redemption from tax sale—as between tenants in common. Where one tenant in common of land exercises the right given him .by law to redeem the entire premises from a sale for taxes, such redemption will inure to the benefit, also, of his co-tenant, upon the condition that he or those claiming under him will pay the one redeeming, one-half of the cost of the redemption.</p> <p>2. So where one of two tenants in common of a tract of land which had been sold for taxes, instead of redeeming directly from the sale, made an agreement with the holder of the certificate of purchase that the latter, should take out a tax deed thereon and then convey the premises to the former, which was done, it was held, that the transaction amounted to but a redemption for the benefit of both tenants in common, and that a court of equity would compel the one taking a conveyance of the tax title, to convey to the other one undivided half of the tax title upon payment of half the cost thereof.</p> <p>3. Practice in Supreme Court—modifying decree. This court may, on affirmance, so modify a decree appealed from, as to obviate the necessity of determining definitely whether it is technically correct as rendered, and thereby remedy an objection urged to its form.</p>