Corwin v. Shoup

Citations

• 76 Ill. 246

Syllabus

<p>1. Release oe ebbobs—accepting proceeds of sale. When a party accepts the benefits of a decree, he can not, afterwards, prosecute a writ of error to reverse it. Such act operates as an estoppel, and may be treated as a release of errors. And any act by a party which would render it fraudulent to reverse a decree, maybe relied on as a release of errors.</p> <p>2. So, where the lands of minors were sold under proceedings for partition, and the minors, after coming of age, settled with their guardian and received their share of the proceeds of the sale, this was held sufficient to bar them from prosecuting a writ of error to reverse the decree in the partition suit.</p> <p>3. Same—plea of. A plea to a writ of error which simply avers that the errors were released, without stating in what manner, or whether by deed, ly parol, or by acts in pais, is too general. It should state the facts that are relied on as a release of errors.</p> <p>4. Presumption—as to Tenowleige of facts. Where a party, after arriving at age, settles with his guardian, and receives moneys in the hands of the guardian belonging to him, and derived from a sale of his real estate, it will be presumed that he received the same with a knowledge of the source from whence it came, and did the act deliberately.</p>