Angelo v. Angelo

Citations

• 146 Ill. 629
• 35 N.E. 229

Syllabus

<p>1. Chancery—decree on grounds not alleged in bill is error. A decree setting aside a tax deed on grounds not alleged in the bill, but on a different ground, is erroneous, without reference to the proofs. Proofs without allegations are, in equity, as unavailing as allegations without proof.</p> <p>2. A bill sought to set aside a tax deed on the ground that it was obtained through fraud and collusion of the grantee therein—and another, whose duty it was to pay the taxes. There was no proof of fraud or collusion, but the court set the deed aside for delects in the notice of the sale for taxes, there being no charge in the bill of any defects in the notice of sale : Held, that.the decree was clearly erroneous.</p> <p>S. Tenant in, common—liability to account to co-tenant for rents and profits. The liability ol one tenant in common to account to his co-tenant may arise either from receiving from a third person more than his share of the rents and profits, or from appropriating to his own use more than his proportion of the common estate.</p> <p>4. Same—sufficiency of bill for an accounting as to rents and profits. A bill by one tenant in common against another, to recover rents and profits, or to recover for use and occupation, which fails to show that the defendant received any rents and profits from a third person, or that he rented the land or any part thereof, or even what the rental value of the land was during the time charged for, and which also makes no attempt to show that the defendant refused to allow the complainant to occupy the premises or control his interest in the same, or that complainant made any attempt or effort to occupy the premises, is clearly bad, and subject to demurrer. •</p> <p>5. Same—remedy between. At common law one tenant in common could not be compelled to account to another for rents and profits, to remedy which hardship the statute of 4 and 5 Anne, chap. 16, was passed. To the same effect is our statute. (Chap. 2, sec. 1.) The remedy