Campbell v. McCahan

Citations

• 41 Ill. 45

Syllabus

<p>1. Summons — return—decree. It is sufficient evidence that a summons was returned “not found,” if it appears to have been so found in the decree; and that establishes the jurisdiction of the court over non-residents if the notice and publication are regular, and conform to the statute.</p> <p>2. Affidavit of non-residence—when it must be filed. An affidavit of the non-residence of defendants to a bill in equity, made twenty days before the bill is filed, is not made in a reasonable time before the suit is brought, where the complainant resides and makes the affidavit in an adjoining county, and fails to confer jurisdiction. Where a complainant resides in the county in which suit is brought, he will be allowed less time than where he lives in another or distant county or in another State; but, while a reasonable time will be allowed for the purpose, there should be no unnecessary delay.</p> <p>3. Jubisdiction of the person and subject-matter. A judicial sentence to be binding must be based on jurisdiction of the person and of the subject-matter. If either is wanting the whole proceeding is cor am non judice, and may be questioned in either a direct or collateral proceeding; the decree in such a case being void, all acts performed under it are void, and all rights flowing from it are of the same character.</p> <p>4. Same — cloud on title. A decree rendered without jurisdiction, upon which a sale of-property is made or title conveyed to complainant, creates such a cloud on the title of the owner as authorizes a court of equity to take jurisdiction for its removal, notwithstanding it could not be insisted on to defeat a recovery by the owner in an action at law.</p> <p>5. Decbee—parties and primes. Where the court, without jurisdiction of the person of the defendant, decrees the conveyance of property from the defendants in that proceeding to complainant, and he receives the deed, he thereby acquires no title, nor can he confer any on a grantee, as he is chargeable w