Farmers' National Bank v. Sperling

Citations

• 113 Ill. 273
• 1885 Ill. LEXIS 690

Syllabus

<p>1. Appeal—without regard to amount involved—in suit to remove cloud upon title. On bill to set aside a sheriff’s sale of land on execution as a cloud upon a title, and to enjoin the making of a sheriff’s deed, an appeal lies to this court from the Appellate Court, where the decision of that court is final, without regard to the amount in controversy.</p> <p>2. Settlement—payment—of a transaction amounting to payment. A and B owning a tract of land as tenants in common, borrowed $3500, to secure which they gave their joint note, and a mortgage on the land. B took of this amount $800 for his individual use, and gave A his note for §800. Afterward, B sold and conveyed his interest in the land to A for $2000, subject to the incumbrance thereon of $3500, which A was to pay, and A, in making payment of the $2000, turned in B’s note of $800 as part payment. After this, a bank recovered judgment against B, and had the land sold, and on bill by A to set aside the sale, claimed that A still owed B one-half of the $800 note: Held, that the settlement of the parties, being in good faith, was conclusive, and that the entire purchase money had been paid by A.</p> <p>3. Parties—in chancery—on bill to set aside a sheriff’s sale as a cloud on title. On bill by the owner of land to set aside a sale of it on execution, against a former owner and another, as a cloud upon title, the defendants in the execution, though proper parties, are not indispensable parties, where no decree is entered affecting their interest, such as, vacating the entry of satisfaction of the judgment against them.</p> <p>4. Same—time to object for want of proper parties. Where the parties omitted in a bill in chancery are not indispensable to a decision of the case upon its merits, it will be too late to make the objection at the hearing that they are not made parties; but when the rights of the parties not before the court are intimately connected with the matter in dispute, so that a final decree can not be