Glos v. Talcott
| Decision Date | 22 December 1904 |
| Citation | 72 N.E. 707,213 Ill. 81 |
| Parties | GLOS et al. v. TALCOTT et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Cook County; R. W. Clifford, Judge.
Application by Harvey H. Talcott and others for the registration of title to certain land, in which Jacob Glos and another filed answers, claiming title through certain tax deeds. A judgment was entered overruling objections and exceptions to a master's report in favor of petitioner, and objectors bring error. Reversed.
Jacob Glos (John R. O'Connor, of counsel), for plaintiffs in error.
On September 9, 1901, the defendant in error Harvey H. Talcott filed his application to register the title to a certain lot located in the city of Chicago, under the provisions of the alleging that he was the owner in fee and in possession by a tenant, and that the plaintiff in error Jacob Glos had some interest therein under two alleged tax deeds. Subsequently Emma J. Glos was made a defendant. The defendants, Jacob Glos and Emma J. Glos, filed answers, admitting, as alleged, that they claimed title under two tax deeds, and neither admitting nor denying the other allegations contained in the application. The examiner found the title to said lot to be in the defendant in error Talcott in fee, returned the evidence with his report, and recommended that the tax deeds held by Jacob Glos be set aside on the payment to him of $26.84, and that the title to said premises be registered in fee simple in the name of Harvey H. Talcott. Objections and exceptions were overruled to the examiner's report, and a decree was entered in accordance with his recommendations, and this writ of error has been sued out to review said decree.
HAND, J. (after stating the facts).
The only evidence offered by the applicant in support of his claim of title was a master's deed of the premises in question to him, dated August 22, 1899, and proof that he was in possession of the premises by a tenant, and certain printed abstracts of title purporting to show abstracts of the record of a number of conveyances of said lot. Said abstracts of title were admitted in evidence by the examiner over the objection of plaintiffs in error, without preliminary proof that the original deeds which appeared in the alleged abstracts were lost or destroyed by fire or otherwise, or that it was not in the power of the defendants in error to produce them, or that the abstracts of title had been made in the ordinary course...
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Glos v. Wheeler
...in a proceeding of this kind. Glos v. Kingman & Co., 207 Ill. 26, 69 N. E. 632;Glos v. Cessna, 207 Ill. 69, 69 N. E. 634;Glos v. Talcott, 213 Ill. 81, 72 N. E. 707;Glos v. Holberg, 220 Ill. 167, 77 N. E. 80. In order to show such title in himself, defendant in error relied upon color of tit......
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Cerny v. Glos
...of its decree. Scott v. Bassett, 174 Ill. 390, 51 N. E. 577; Id., 186 Ill. 98, 57 N. E. 835, and 194 Ill. 602, 62 N. E. 914;Glos v. Talcott, 213 Ill. 81, 72 N. E. 707. We are not authorized to disregard rules prescribed by the General Assembly for the admission of secondary evidence, and ev......
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Glos v. Holberg
...of abstracts of title in lieu of the original deeds (Glos v. Hallowell, 190 Ill. 65, 60 N. E. 62; Glos v. Cessna, supra; Glos v. Talcott, 213 Ill. 81, 72 N. E. 707); and it was not the province of the examiner of titles to make ex parte examinations of abstracts of titles not introduced in ......
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Mullarky v. Trautvetter
...on him, however, to establish the invalidity of an adverse claim of title. Glos v. Hoban, 212 Ill. 222, 72 N. E. 1;Glos v. Talcott, 213 Ill. 81, 72 N. E. 707;McMahon v. Rowley, 238 Ill. 31, 87 N. E. 66;Waugh v. Glos, 246 Ill. 604, 92 N. E. 974,138 Am. St. Rep. 259. It is the intention of th......