CASES

ARGUED AND DETERMINED

IN THE

SUPREME COURT OF ILLINOIS.

ALBERT BUETTNER et al. Appellees, vs. JACOB GLOS,

Appellant.

Opinion filed April 23, 1909.

1. APPEALS AND ERRORS—when specific facts must be incorporated in the decree to sustain it on appeal. Upon appeal from a decree setting aside a tax deed as a cloud, if there is no certificate of evidence the decree cannot be sustained unless the specific facts upon which the decree is based are incorporated in the decree.

2. SAME-decree must show that tender was made before bill was filed. To sustain an award of costs against the holder of a tax deed by a decree setting aside the tax deed as a cloud, it must appear from the decree, if there is no certificate of evidence, that a valid tender of the amount due was made before the bill was filed.

3. SAME when finding that notice was not served by defendant is not sufficient. A finding, in a decree setting aside a tax deed, that the notice required by the statute as a condition precedent to the issue of the tax deed was not given by the defendant is not sufficient, where it does not appear from the decree that the defendant was the purchaser at the tax sale and not the assignee of some purchaser who might have given the required notice before the assignment was made.

4. CLOUD ON TITLE-tax deed should not be set aside except as to premises described in bill. A tax deed should not be set aside except as to the premises described in the bill, and hence a decree directing the defendant to "deliver up said tax deed to be canceled by the clerk of this court" cannot be sustained on appeal, in the absence of a certificate of evidence, where it does not appear from the decree but that the tax deed covered other lands than those described in the bill.

FARMER and CARTER, JJ., dissenting.