Allman v. Taylor

Citations

• 101 Ill. 185
• 1881 Ill. LEXIS 62

Syllabus

<p>1. Decree—conclusive collaterally, if the court has jurisdiction. 11 a court has jurisdiction of the persons of the parties and of the subject matter of the suit, its decrees will be conclusive on all parties concerned; and the title to property acquired on a sale under a decree in such a case will be valid, notwithstanding irregularities may have intervened in • the proceedings.</p> <p>2. Jurisdiction—of the persons of infants, through their guardian. Minors, having the right to sue by their next friend, or guardian, will bring themselves within the jurisdiction of the court by invoking its aid through their guardian, in a proceeding brought in their interest and to protect their rights.</p> <p>3. SAME—of the estates of infants. A court of equity, under its general powers, has jurisdiction over the estates of infants and others under disability, and may, on proper application, order the sale of an infant’s unproductive lands to raise means for discharging an incumbrance on productive property in which it has a reversionary interest in fee, though the latter be situate in another State, where the bill seeking such relief shows that such a course is for the best interests of the infant.</p> <p>4. Judicial sale—not affected by errors in the proceedings. If a court of general jurisdiction has jurisdiction of the parties, and of the subject matter of the litigation, no matter how erroneously it may thereafter proceed, within the bounds of its jurisdiction, its decrees will be conclusive until reversed or annulled in some direct proceeding, and the title to property acquired at a sale under such a decree, by a stranger to the record, will be upheld, although the decree itself may afterwards be reversed for manifest error. It is the policy of the law to maintain judicial sales.</p> <p>5. Same—purchaser not bound by improper application of proceeds of sale. A purchaser of an infant’s lands, under a decree in chancery in a case where the court has jurisdiction, is not bo