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63 Ill. 341

Barnard v. Hoyt

Illinois Supreme Court

Decided January 15, 1872

Illinois Supreme Court · decided 1872-01-15

Thomas F. Tipton, Judge, presiding. This was a bill in chancery, filed by Edwin Hoyt, praying that a tax deed to certain vacant and unoccupied lands, executed in the year 1864, of which he tvas the owner in fee, procured by Francis A. Packard, be set aside as invalid, the same constituting a cloud on his title, and that a deed from Packard to Francis Barnard be canceled.

Relies on Gage v. Rohrbach

Good law ✅— No negative treatment on recordhow we know

Decided 1872-01-15

How this case has been cited

Cited by 3 later decisions — most recently October 1938

2 district · 1 state decisions

101872188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Cueiam :

¶1This case does not differ in principle from Gage v. Rohrbach, 56 Ill. 262, Same v. Billings, ibid. 268, and Reed v. Tyler, ibid. 288. It was there held that a court of chancery might interfere in behalf of a party in possession, to remove the cloud occasioned by an invalid tax sale under which title was claimed. In this case notice of the sale was not given in the manner required by the constitution and by the statute.

¶2The decree is affirmed.

¶3Decree affirmed.

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