Davis v. Gossnell

Illinois Supreme Court
Davis v. Gossnell, 113 Ill. 121 (Ill. 1885)
1885 Ill. LEXIS 673

Davis v. Gossnell

Opinion of the Court

Per Curiam :

The plaintiff’s claim of title is under a tax deed. The law makes it a prerequisite of such a deed that an affidavit should have been made of the service upon the occupant of the land sold for taxes, of notice of the sale, and when the time of redemption will expire. The affidavit in this case states merely that the affiant did serve a partly written and partly printed notice of the purchase on the occupant, without stating the manner of the service. The constitution requires the service to be personal service. The statute requires that the affidavit shall state particularly the facts relied on as compliance with the condition of service of notice. It is a fatal defect in the affidavit, and consequently to the validity of the tax deed, that the affidavit fails to show the mode of service,—does not state particularly the facts relied on as constituting service, so that the court may see that the service was such as is required by law. This precise point was so adjudged in Price v. England, 109 Ill. 395, and the decision in that ease must control here.

The judgment for defendants must be affirmed.

Judgment affirmed.

Reference

Full Case Name
William T. Davis v. Stephen Gossnell
Cited By
1 case
Status
Published
Syllabus
1. Tax title—notice to owner before taking deed. The law makes it a prerequisite to the validity of a tax deed, when sought to be relied on as evidence of title, that an affidavit shall be made of the service upon the occupant of the land, of notice of the sale, and when the time of redemption will expire. 2. Same—sufficiency of affidavit to authorise a tax deed. The constitution requires the service of notice of a tax sale and when the time of redemption will expire, upon the occupant of the land, to be a personal service, and the statute requires the affidavit of service to state particularly the facts relied on as a compliance with the constitution. A failure to state the mode of service and the facts relied on as showing a service, is a fatal defect, and renders a tax deed made under it invalid.