Barlow v. Standford

Citations

• 82 Ill. 298

Syllabus

<p>1. Db pacto officer—Ms acts -worthy of credit. An officer de facto is one who has the reputation of being the officer he assumes to be in the exercise of the functions of the office, and yet is not a good officer in point of law. The official acts of such an officer are always regarded as worthy of full faith and credit.</p> <p>3. Service—amending return at subsequent term. An amendment to a return upon a summons made at a subsequent term, upon notice to the adverse party, by the officer who made the service in the first instance, in accordance with the facts from his personal recollection, by leave of court, is rightfully and properly made, and if the service, as amended, shows the court had jurisdiction of the person of the defendant, it could proceed to judgment.</p> <p>3. Equitable title—will defeat naked legal title on till for partition. Where a mortgage was foreclosed, and the decree provided that, on default of payment of the amount found due, the equity of redemption should be barred, and, defiiult being made, the property was sold as directed by the decree, and no deed made, but the fact reported to the court, and a decree entered that the title to the property be vested in the purchaser, it was held, that such an equitable estate vested in the purchaser as to preclude the heirs of the mortgagor from asserting title by bill in equity for a partition of the land.</p> <p>4. Purchasers—under decree, protected though decree is afterwards reversed. Purchasers under a decree of a court of equity, whilst it is in full force, and before any writ of error has been prosecuted, and without any notice whatever of claims and equities of the parties thereto, will be protected, notwithstanding the decree is afterwards reversed.</p>