Dinwiddie v. Bell

Citations

• 95 Ill. 360
• 1880 Ill. LEXIS 186

Syllabus

<p>1. Chancery—relief as against voluntary acts of party. Where one of two joint grantees of land consents that the joint deed may be surrendered, and that the grantor may convey the premises to the other party alone, the party so assenting must abide by what may be done in the way of changing the title, and can have no equitable right to the interposition of a court of equity to enable him to retract, no matter whether the arrangement was because the land before really belonged to the party receiving the new deed, or the interest of the other party yielding up the title was disposed of to him, or it was done in order to shield the land from apprehended pecuniary liability.</p> <p>2. Same—retaining case to adjust all matters—relief according to the scope of the pleadings. One of the children and heirs at law of a deceased person exhibited his bill in chancery, claiming a one-half interest in certain of the lands of which the ancestor died seized of the legal title, the claim being based upon an alleged joint ownership between the complainant and his father in the lifetime of the latter. On error, upon a dismissal of the bill, it was insisted by the complainant that as he was at least a tenant in common with the other heirs in the lands, the court, having jurisdiction of the subject matter and of the parties, should have retained the bill, and done complete justice between the parties by making partition. But it was held otherwise, as the bill was not framed with any view to a partition, and no partition was asked.</p>