Benefield v. Albert

Citations

• 132 Ill. 665
• 24 N.E. 634

Syllabus

<p>1. Evidence—decree in partition—u-hat matters established thereby-In an aclion of ejectment, it xvas held that a decree in partition which finds the allegations of the petition to be true, among which is that of the death of a person and the heirs he left, is prima facie evidence of the death and heirship.</p> <p>2. Tenancy in common—possession of one—as the possession of all-The possession of one of several tenants in common is the possession of all. All acts done by a co-tenant relating to or affecting the common property, are presumed to have been done for the common benefit of all the co-tenants.</p> <p>3. Ejectment—recovery upon prior possession. In an action of ejectment, proof of a prior possession in the plaintiff under claim of ownership is prima facie evidence of ownership and seizin, and is sufficient to authorize a recovery, unless the defendant shows a better title.</p> <p>4. Jurisdiction—courts of general jurisdiction—presumption. Nothing is presumed to be without the jurisdiction of courts of general jurisdiction except what specially appears to be so. Therefore, when the record on a petition for partition, and the decree, failed to show service of process upon the minor defendants, it was held, that service on the minors, in the absence of record evidence to the contrary, would be presumed.</p> <p>5. Guardian’s sale—error in decree—not going to jurisdiction. The fact that a decree or order of court authorizing a guardian’s sale may fail to fix a time and place of sale, may be erroneous, but this does not affect the jurisdiction and render the sale void.</p> <p>6. Notice of tax sale—of its requisites—to authorize tax deed. A notice of tax purchase served on a party in possession, stated that the sale was June 1, 1885, and that the time of redemption would expire on June 2, 1887: Held, that the notice was fatally defective, in failing to-give the day on which the redemption would expire, and that the misstatement in the notice rendered the' tax sale