Reed v. Reber

Citations

• 62 Ill. 240

Syllabus

<p>1. Coroner—service by a deputy. When the office of sheriff has become vacant by his continued absence, the coroner becomes ex-officio sheriff, and all the rights, powers, and'duties of the sheriff will devolve upon him until the vacancy is filled in some other legal mode; and service of process by his deputy will be legal.</p> <p>2. Chancery—cloud on title—tax title. Equity has jurisdiction to entertain a bill to remove a cloud upon title occasioned by an outstanding tax title, when no notice of the sale for taxes, and of the time when the redemption will expire, was served upon the parties in possession before taking out a deed, as required by the constitution.</p> <p>3. Same—relief. On bill to remove a cloud caused by a tax title acquired without service of any notice on the parties in possession, the circuit court decreed that the holder of the tax title convey his title to complainant. There was nothing in the bill showing that there was any contract, trust relation, or other equitable grounds requiring the party to convey his tax ti-tie : Held, that the decree was erroneous. The proper decree in such case is, to perpetually enjoin the holder of the outstanding title, his heirs and assigns, from asserting the same.</p>