Hoch v. Boehme

Plaintiffs filed complaint to quiet title to parcel of land; Defendants counterclaimed for decree quieting title in their favor. Court erred in quieting title in favor of Plaintiffs following bench trial. Clear-and-convincing is proper standard of proof under Section 13-110 of Limitations Act. Although Plaintiffs never took possession of parcel, it was because possession was not practicable as land was not "vacant and unoccupied" As Plaintiffs received no interest in parcel from chain of title, they have no title and thus they cannot quiet title. Thus, as Defendants demonstrated superior title, court should have quieted title in their favor. (BURKE and McLAREN, concurring.)