Gooch v. Green

Citations

• 102 Ill. 507

Syllabus

<p>1. Infant—right to impeach decree. Where a decree is rendered against a minor defendant, he is entitled to his day in court, whether the right is reserved in the decree or not; and he may, even during his minority, by his next friend or guardian, file an original bill to impeach the decree, either for fraud or error appearing on its face.</p> <p>2. The fact that a decree in a suit for partition was rendered by the agreement and consent of a minor defendant’s guardian, will not preclude the minor from bringing a bill to impeach it. It is error to render a decree against a minor, unless it be on proof of the allegations of the bill.</p> <p>3. Chancery—general demurrer to hill—its effect where any good grounds for relief appear. Where a bill in chancery sets forth various grounds of relief or claims to the interposition of the court, and the defendant files a general demurrer, or moves to dismiss for want of equity, the demurrer or motion should be overruled if any of the grounds or claims be proper for its jurisdiction.</p> <p>4. Bill of review—is matter of right—when it will lie. An original bill, in the nature of a bill of review, may be brought for the purpose of impeaching a decree for fraud. It is a matter of right, and may be filed at any time, unless barred by the statute, without the leave of court, and may be brought for fraud in fact or fraud in law.</p> <p>5. Partition—must he according to interest of the parties. Where a decree for partition finds six-sevenths of the land in the petitioner, and one-seventh in the defendant, the commissioners appointed to divide the land have no authority, under then appointment, or by the statute, to give the petitioner more than his share as found in the decree, and require him to pay therefor a certain sum of money, and a decree confirming such report is erroneous.</p> <p>6. Same—fraudulent action of commissioners. It is the duty of commissioners, on partition, to make a, fair and impartial division of the lands accor