Reed v. Tyler

Citations

• 56 Ill. 288

Syllabus

<p>1. Return upon process—in suit against an incorporated company. The return upon a summons in chancery, issued against an incorporated company, showed service upon the cashier of the company, and stated: “ The president not found in my county, he being a non-residentHeld, this was sufficient to show that the president was a non-resident of the county of the officer who made the return, and to whom the writ was directed, and that being the county in which the suit was brought, the return was sufficient.</p> <p>3. Cloud upon title—tax deed—jwrisdiction in chancery. A party in possession of land may maintain a bill in chancery against one out of possession, to set aside as invalid, and a cloud upon complainants' title, a sale of the land for taxes and a deed thereunder.</p> <p>3. Same—jurisdiction in chancery, generally. The rule seems to be, in such cases, that where the claim of an adverse party to land is valid upon the face of the instrument, or the proceedings sought to be set aside, and it requires the establishment of extrinsic facts to show the supposed conveyance to be inoperative and void, a court of equity may interfere to set it aside as a cloud upon the real title to the land, and order the same to be delivered up and canceled.</p> <p>4. Same — remedy at law. A party in the actual occupancy of land can not maintain ejectment against one out of possession, who only claims title to the land. The former can bring no suit at law to test the title.</p> <p>5. Same — of the terms of relief. In this case, which was a bill to set aside, as invalid and a cloud upon complainants’ title, a sale of the land for taxes and a deed thereunder, it appeared, the complainants claiming to own the land, and neglecting to pay the taxes thereon, permitted it to go to sale: Seld, the relief should be granted only upon condition that all the taxes paid by the party claiming under the tax sale should be refunded to him.</p> <p>6. Tax title — condition upon which it may he question