Forman v. Stickney

Citations

• 77 Ill. 575

Syllabus

<p>1. Amendment—Mil of review. It being a matter of discretion, it is not error to allow the amendment of a bill of review after a demurrer is . sustained to it.</p> <p>., 3. Bill of review—waiver of objection to right to file. By demurring to a bill of review before its amendment, the defendant admits that the bill is properly in court, and cau not afterwards raise the objection that it was filed without performance of the original decree.</p> <p>3. In order to successfully raise the objection that a bill of review is filed before performance of the original decree, the defendant must move the court, on his first appearance, to strike the same from the files, or to dismiss the suit.</p> <p>4. Chancery—requiring answer of guardian ad litem to amended MU. Where a guardian ad litem for an infant defendant has answered a bill in chancery, and the same is amended b) correcting dates therein, the omission of the guardian ad litem to answer the bill as amended, is not such a substantial error as to justify a reversal of the decree on bill of review.</p> <p>o. Specific performance—personal decree against heirs of vendor for the price paid. A decree on bill for specific performance against the heir at. law of the vendor, who is a minor, which requires a conveyance to be made within a certain time, and, in default thereof, that, the heir pay the purchase money back, with interest, where the proof fails to show that any property of the deceased vendor had been received or come to such heir, will be erroneous so far as it requires the heir to pay money. The heir is not personally liable on his ancestor’s contracts, except to the extent of the assets coming to him from the estate of the latter.</p> <p>6. Chancery—removing cloud. Where land has been sold under an execution issued under a decree in chancery, the court, may, on reversing the decree on bill of review, set aside such sale as a cloud on the title, if the bill is framed so as to justify such relief.</p>