English v. People (90 Ill. App. 54, 1900)

Mr. Justice Shepard

delivered the opinion of the court.

This appeal is from an interlocutory order appointing a receiver of the “leasehold and improvements” upon certain lots situated in Chicago, and ordering the receiver to collect the rents, profits and credits due and to become due, for the use and occupation of the premises in question from the several tenants occupying the same. The receiver was appointed without notice to any defendant.

The bill was filed for the purpose of foreclosing the lien of the people of the State for the general taxes assessed against the said leasehold and improvements for a half dozen or more years subsequent to and including the year 1892, during and for which time it is alleged the said property was forfeited to the State and so remains.

The proceeding seems to have been instituted under the provisions of Sec. 253 of the revenue act, which appear to authorize it, whenever real property shall have been forfeited to the State for the taxes thereon for two or more years.

The bill makes the appellant and numerous other named persons parties defendant, each of whom it alleges has or claims to have some interest in the property, as owner thereof, or otherwise, and requires them to answer the bill without oath.

The prayer of the bill is for an accounting, and that the owner or owners may be decreed to pay whatever sum may be found to be due for the taxes, within a short day, and that in default thereof, the property may be sold as provided by law.

The bill is not sworn to, and does not contain a prayer for the appointment of a receiver,' nor do we find any allegation of the value of the property, or of any facts showing the necessity for the appointment of a receiver. There is a prayer for general relief, but nothing more specific.

An affidavit by one of the solicitors for complainant was, however, filed on the same day that the bill was filed, wherein it is stated that tlie taxes, penalties and forfeitures due and unpaid amount to §18,920.81, and that upon the information and belief of the affiant the leasehold is of