Grubb v. Crane

Citations

• 5 Scam. 153

Syllabus

<p>Error to Sangamon.</p> <p>1. Lien — of vendor of realty. Where a party sells a tract of land, and executes a bond for a deed, upon the payment of the purchase money, and the same is partly paid, and a judgment at law obtained for the balance, upon which execution is issued, the vendor may convey the land to the purchaser, and then levy his execution upon it, or he may, after his execution is returned nulla bona, file his bill in chancery, and obtain a sale of the premises, for the payment of his debt. In such case the vendor has a lien upon the landfor the payment of the judgment, which it is the duty of a court of equity to enforce.</p> <p>2. Practice in chancery — bill confessed. It is not error for a circuit court to take a bill in chancery as confessed, and render a final decree in a cause at the return term of the summons. § 7 of the “act prescribing the mode of proceedings in chancery,” (a) makes it the duty of the circuit court to establish rules of proceeding in taking bills fro confesso, and where the record shows that a bill was so taken, but furnishes no means of determining whether there was such a rule, or whether the proceedings were in conformity to it, the supreme court will presume that the rules of the court were complied with, and the proceedings regular.</p> <p>3. Same — opening decree. Where a bill in chancery is taken pro confesso, and a decree made, and at the next term the defendant appears and offers to file his answer, the court will never vacate the decree and permit it to be filed, without first looking into it, or the affidavit, or both, and ascertaining whether there was a substantial and meritorious defence to the bill. (b) </p> <p>4. Same — decree in vacation. It is not irregular for a court of chancery to appoint a commissioner to sell premises in vacation, in case of non-payment of the money mentioned in the decree.</p> <p>5. Same — exceptions to report. Semble, That a defendant in chancery may always appear at the next term of t