Dunning v. Bathrick

Citations

• 41 Ill. 425

Syllabus

<p>1. Chanceby—will not participate in a transaction where both parties have acted fraudulently. A court of chancery will not lend its aid to either party to a suit which has arisen out of an attempt on the part of both to defraud another out of his property.</p> <p>2. Pbactice in the stjpbeme couet —modifying the judgment of a previous term—reopening a case for new proofs. The Supreme Court will not modify its decree of a former term, reversing the decree of the court below in a chancery cause, and dismissing the bill, so as to remand the cause to let in additional proofs.</p> <p>8. Same —protection of intervening rights, acquired under a decision which was subsequently recalled. Upon bill filed respecting the title to land, which was in possession of the defendant, a decree was pronounced in the court below in favor of the complainant, and directing the defendant to yield the possession to him; and, on appeal from that decree by the defendant, it was affirmed. Subsequently, the order affirming was set aside, and a decree entered, reversing the decree of the court below, and dismissing the bill. At a subsequent term, upon its being made known to the court that innocent parties had purchased the land from the complainant after the order affirming was made, and before it was set aside, the decree of reversal was modified, for the protection of those innocent parties, so as to dismiss the bill without prejudice.</p> <p>4. Same—of restoring a party to his possession, of which he was deprived under a judgment which was afterward set aside. Under the order affirming, the court below executed its decree by putting the complainant in possession of the land; but this court finally reversed the decree below, and dismissed the bill, because it appeared neither party had any right, and both were seeking to defraud a third party out of the land, and refused to order restitution of the premises to the defendant, or to remand the cause with directions to the court below to enter