(Download) "Gaither v. Lager" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Gaither v. Lager
- Author : Supreme Court of Illinois
- Release Date : January 17, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This cause involves an action which was commenced in the circuit court of Franklin County by Silas Gaither, the appellee,
against Troy Lager, the appellant, to obtain possession of twenty-five acres of land in that county, to which land appellee
claims title under a tax deed issued pursuant to a tax sale. Appellant, on the other hand, was admittedly the owner in actual
possession by chain of title from the government having acquired the land by a master's deed in 1920. The cause was tried
by the court which found for the appellee and ordered a writ of possession to issue. Appellant has perfected a direct appeal
to this court and, since the issues raised and decided in the lower court required a determination of title, a freehold is
involved so as to give us jurisdiction. The facts are not in dispute and the proofs, which are solely documentary, show that the land was sold at a tax sale conducted
under section 235a of the Revenue Act, which is commonly known as the "Scavenger Act" and relates to the sale of lands upon
which all or a part of the general taxes for each of ten years or more are delinquent. (Ill. Rev. Stat. 1945, chap. 120, par.
716a; Jones Ann. Stat. 119.732(1).) The purchaser was Roy Dye, Trustee for Franklin County, who received a certificate of
purchase dated October 9, 1945, which recited that the land sold was assessed in the name of appellant and that it was sold
for taxes due for "1943 and prior years" in the amount of $92.91. Dye assigned the certificate to appellee "for value received"
on November 5, 1945. Thereafter, on June 11, 1947, more than three months before the expiration of the period of redemption,
appellee served a personal notice on the owner, as the statute requires, and, in addition, caused notice of his purchase to
be published in a newspaper for three consecutive weeks commencing with May 26, 1947. When no redemption was made within the
statutory period, appellee executed an affidavit of compliance, which is likewise required by the act, and applied to the
county clerk for a deed. The clerk issued a tax deed to appellee on October 21, 1947, following which, the latter served a
demand for possession on appellant and subsequently started this proceeding.
 "Gaither v. Lager" by Supreme Court of Illinois # eBook PDF Kindle ePub Free){kind=link}