Gage v. Waterman
| Decision Date | 12 May 1887 |
| Citation | 121 Ill. 115,13 N.E. 543 |
| Parties | GAGE v. WATERMAN. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Cook county.
Augustus N. Gage, for Henry H. Gage, appellant.
John P. Wilson, for Arba N. Waterman, appellee.
The bill in this case was filed by Waterman against Gage to set aside two tax deeds to the property in controversy. The court below decreed the relief prayed, and the defendant appealed. One of said tax deeds was issued to Henry H. Gage, the defendant, January 20, 1876. The affidavit of giving notice of the tax sale which is relied upon as the evidence of such notice states the service of a notice of the tax sale on J. Young Scammon by handing the same to Mr. Bogue, the legal agent for said Scammon, on May 4, 1875; that said Scammon was the only person in possession of the property on the said date; and that the same was taxed in his name. The requirement of the statute is that the occupant or person in actual possession of the land, and the person in whose name the same was taxed or specially assessed, shall be served with the notice. This affidavit is insufficient as showing service of notice upon Mr. Scammon. In what matter, to what extent, Mr. Bogue was his legal agent, and how far he represented him, does not appear. It is by no means manifest that such was his agency as to make the service of notice upon him equivalent to service of notice upon Scammon. The other tax deed issued to appellant was dated July 10, 1879, for the taxes of 1874 and 1875, upon a sale made September 21, 1876. The sale was to H. Coombs, and the certificate of sale was assigned by indorsement to appellant. Among the reasons for which this tax deed is claimed to be void is that the notice of sale did not state for what year or years the lot was taxed or specially assessed, as required by the statute. The statute requires that the purchaser at a tax sale shall serve a notice of such purchase on every person in actual possession or occupancy of the land or lot purchased, and also the person in whose name the same was taxed or specially assessed, ‘in which notice he shall state when he purchased the land or lot, in whose name taxed, the description of the land or lot, for what year taxed or specially assessed, and when the time of redemption will expire.’ The statute is that no purchaser shall be entitled to a deed until he shall have complied with the above conditions, and shall by himself or agent have made an affidavit of such compliance, stating particularly the facts relied on as such compliance. Sections 216, 217, c. 120, Rev. St. 1874.
The objection taken to the notice served in the...
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...12, 297 N.E.2d 213; Application of County Treasurer of DuPage County, 16 Ill.App.3d 385, 306 N.E.2d 743. For example, in Gage v. Waterman, 121 Ill. 115, 13 N.E. 543, notice of a tax sale was served by handing a copy to an agent of the owner-occupant of the real estate. The affidavit which p......
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Trustee Loan Co. v. Botz
... ... the nature thereof be complied with strictly." 2 Page & J. Taxn. by Assessment, §§ 1174, 1179; Gage v ... Waterman, 121 Ill. 115, 13 N.E. 543 ... "A ... sale for an amount in excess of the amount provided by ... statute, ... ...
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Bibo v. Burnett
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Harrell v. Enter. Sav. Bank
...with this was held insufficient in Gage v. Davis, 129 Ill. 236, 21 N. E. 788; and in that case reference was made to Gage v. Waterman, 121 Ill. 115, 13 N. E. 543, and Stillwell v. Brammell, 124 Ill. 338, 16 N. E. 226, as sustaining the same principle. These cases are conclusive as to the in......