Grand Tower Mining, Manufacturing & Transportation Co. v. Cady

Citations

• 96 Ill. 430
• 1880 Ill. LEXIS 55

Syllabus

<p>1. Demurrer—confesses allegations of bill. A party by demurring to a bill in chancery confesses all the material allegations of the bill, and if that shows a right of relief as against such party, he can not avail of the evidence taken in favor of another party who answers the bill, and a decree based on the facts stated in the bill will be affirmed as to such party demurring.</p> <p>2. Conveyance—by father to his minor children passes title. Where a father in his lifetime conveys property to his minor children by a warranty deed, the fact that he keeps the custody of the deed as long as he lives, will not divest the minors of the title they thus received, and the destruction of the deed by the administrator of the father’s estate,fraudulently, and the sale of the premises under fraudulent proceedings for partition by the other heirs, will not divest such title, and minors may have such sale set aside as against a purchaser with notice of their rights.</p> <p>3. Error—parly not injured can not complain. A party to a suit whose interest is not affected by the decree, and against whom no costs are awarded, and who is deprived of no rights whatever, will not be heard to complain of the decree.</p>