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· 3/26/1884

Price v. England

Citations

  • 109 Ill. 394

Syllabus

<p>1. Tax title—of the notice to entitle the purchaser at a tax sale to a deed—requisites of the affidavit. An affidavit to entitle the purchaser of land at tax sale to a deed, must follow the requirements of the statute, and state particularly the facts relied on as showing service of notice, so that the court can see that the mode of service is such as is required by the constitution and the statute.</p> <p>2. An affidavit of a purchaser of land for taxes on a purchase in June, 1878, after stating the service of notice of the sale of the premises for taxes on certain of the persons named, proceeded as follows: “That on the 11th day of February, A. D. 1880, affiant served a notice on J. D. E., the owner, occupant, and person in whose name taxed, of the land hereinbefore described; that all the notices served, as above set forth, were printed, a copy of which notice is hereto attached and made a part of this affidavit:” Held, that the affidavit was fatally defective in not showing that the occupant was served with personal notice, as required by the constitution.</p>

Judges: Sheldon

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