Taylor v. Hamilton

• Court: Illinois Supreme Court
• Writing for the Court: CRAIG
• Citation: Taylor v. Hamilton, 173 Ill. 392, 50 N.E. 1064 (Ill. 1898)
• Decision Date: 18 June 1898
• Parties: TAYLOR v. HAMILTON et al.

173 Ill. 392

50 N.E. 1064

TAYLOR

v.HAMILTON et al.

Supreme Court of Illinois.

June 18, 1898.

Appeal from circuit court, Cook county; M. F. Inley, Judge.

Suit by Esther E. Taylor against David G. Hamilton and others to establish title to certain lots. From a decree confirming plaintiff's title to a portion of the lots, she appeals. Affirmed.

Willard M. McEwen and O. H. McConoughey, for appellant.

Oliver & Mecartney, for appellees.

CRAIG, J.

This was a petition brought by Esther E. Taylor, in the circuit court of Cook county, to establish title, under the burnt records act, to certain lots in the city of Chicago. David G. Hamilton, Edwin A. Casey, and Frank B. Dyche were made defendants to the petition. The pleadings having been settled, the cause was referred to the master in chancery to take the evidence and report to the court, with his conclusions. The evidence of the respective parties was taken by the master, and he made a report substantially as follows: That petitioner was not, at time of filing the petition, in possession of any of said lots; that she has established her ownership of lots 7, 11, and 12, in block 6, lot 48, in block 29, and lot 24, in block 13, in Taylor's First addition to South Chicago, and that the chain of conveyances set forth in the petition, by which petitioner deraigned title to said lots, should be established and confirmed by decree of this court; that the tax deeds by which defendant Hamilton claims title to lots 7, 11, and 12, in block 6, and lot 48, in block 29, are null and void, and should be set aside and canceled as clouds upon the title of petitioner to said lots, by decree of this court, upon petitioner paying said Hamilton or his counsel the amount of said tax sales, and all payments for taxes subsequently made, interest, etc.; that Frank B. Dyche is the owner and in possession of lot 25, in block 13, and that the tax deeds by which Edwin A. Casey claims title to said lot are null and void, and should be set aside and canceled upon said Casey being paid the amount of the tax sale, subsequent taxes, interest, etc.; that lots 4 and 5, in block 7, lot 47, in block 29, lots 18 and 19, in block 30, and lots 35 and 36, in block 31, were all sold for taxes, and a deed to the same issued to David G. Hamilton, who paid all the taxes on said lots except the taxes for 1893, on lot 5, in block 7, which were evidently paid by mistake by one C. P. Gardner for more than seven consecutive years; that said last-mentioned lots were vacant and unoccupied until April 30, 1896, when said Hamilton took possession of the same, and built around them a continuous fence; that said tax deed to Hamilton was good color of title, and obtained in good faith; that Hamilton has paid all taxes for more than seven years; that...