Daniel v. Green

Citations

• 42 Ill. 471

Syllabus

<p>1. Bill in equity—for dower and partition. Where a bill has been filed for dower and partition, and the person claiming dower dies, and the bill is dismissed so far as it claims dower, and leaves it a simple legal question whether the occupant or the heirs of the deceased claimant are the owners, a court of equity has no jurisdiction to decide that question, but it must be left to a court of law.</p> <p>2. Same. Where complainants claim that their mother inherited one-half of real estate, of which her husband died seized, and that by her death they inherited her half, the court cannot determine that question, and make partition without having the heirs of the husband before the court as parties. And if the claim is that the title under which they claim is paramount to that of defendant, who holds adversely, then it is a question of law and should be determined in an action of ejectment.</p> <p>3. Same—relief proper to be granted. Where a bill is filed to obtain equitable relief the court will retain the bill and afford the relief, although it may be necessary, incidentally, to find and pass upon legal rights; but, where the bill is dismissed as to the portion founded on the right to equitable relief, and only leaves legal rights to be ascertained and passed upon, the j urisdiction of the court must fail, unless some equitable ground appears for retaining the bill.</p>