Wing v. Sheerer

Citations

• 77 Ill. 200

Syllabus

<p>1. Removing cloud on title —jurisdiction of court of equity. Prior to the passage of the act of 1869, a court of equity would not assume jurisdiction to remove a cloud from the title to real estate, unless it appeared that the owner was in possession, for the reason that the law afforded him a complete remedy in the action of ejectment. That act has given jurisdiction in cases where the land is unimproved and unoccupied.</p> <p>2. Chancery—cases in which relief is discretionary. The rescission of contracts, the cancellation or the delivering up of agreements, securities or deeds, or the specific performance of contracts, are not matters of absoluie right, upon which a court of equity is bound to pass a final decree; but in such cases it will exercise a sound legal discretion in granting or refusing relief, according to what is reasonable and proper under all the circumstances of each particular case.</p> <p>8. Same—relief in eases where equity has concurrent jurisdiction—fraud. It may be stated as a general proposition, that, in all cases arising out of fraud, equity has concurrent jurisdiction with courts of law. But. parties will be referred to that forum where justice can be most effectually administered, and the right most, satisfactorily established. As a general rule, it is better, in all cases of a doubtful character, presenting a conflict of evidence, that the parlies should be remitted to whatever remedy they may have at law, although equity might entertain jurisdiction. • •</p> <p>4. Removing cloud on title—party must show title to maintain bill. On bill to set aside a contract of sale and a convejumce of land as a cloud on title, on the ground that the contract and deed are forgeries, or made by some one personating the complainant, and assuniing his name, the complainant must show title in himself when that fact is put in issue. The admission that a party of the same name under whom the defendants claim, was the owner, is not an admission of the compl