Hagerty v. Stalzenback

Citations

• 46 Ill. 303

Syllabus

<p>1. Judgments—when valid. If a court has jurisdiction of the parties and subject matter of the controversy, no error can render the judgment void.</p> <p>2. Same—when void—want of jurisdiction. When the jurisdiction over the person or subject matter does not exist, the judgment is a nullity.</p> <p>3. Guardian and ward—jurisdiction of .the Circuit Court to order sale of wards land. In an application by a guardian to the court for leave to sell his ward’s real estate, enough must appear, either in the application or the order, or somewhere upon the face of the proceedings, to call upon the court to proceed to act, and where that does appear, then the court has properly acquired jurisdiction.</p> <p>4. It is not necessary that it should appear that the court of probate had, prior to the application to sell the land, ordered and directed the guardian to provide for the support and education of his ward, before the Circuit Court could act upon an application for the sale of real estate.</p> <p>6. The Circuit Court, on an application to sell the real estate of a minor, is only required to ascertain that the personal estate had been faithfully applied and exhausted.</p> <p>6. Same—judgment cannot be attaclced collaterally. Where a court has jurisdiction, no matter how erroneously it may have decided on the facts, its action cannot be drawn in question in any collateral proceeding.</p> <p>’ ‘1. Same—rights of innocent purchasers. Although a guardian may have mis-appropriated the funds derived from the sale of his ward’s lands, and been faithless to his trust, yet an innocent purchaser, at a sale by him under a competent order of a court having jurisdiction of the subject matter and of the persons, cannot be prejudiced thereby. Thp order of the court, not being void, the purchaser under it cannot be disturbed in the title he has acquired.</p> <p>8. Opening decree—when only constructive service is had. When a defendant in chancery, who is served by publication, and has bee