Hannas v. Hannas

Citations

• 110 Ill. 53

Syllabus

<p>1. Purchaser—reversal of decree—effect upon title of purchaser, Where the title of a husband in real estate is, by a decree on bill to enforce a trust or specific agreement, vested in the wife, and before appeal or writ of error to reverse the decree the wife sells the property to a third person, in good faith, who pays a part of the price and secures the balance by mortgage on the premises, and the trustee holding for the wife conveys to such purchaser in pursuance of such decree, the title of the purchaser can not be defeated by a reversal of the decree for error, if the court rendering it had jurisdiction of the subject matter and of the persons of the parties in interest.</p> <p>2. Non-resident defendants in chancery—publication of notice— sufficiency of affidavit. An affidavit of non-residence in a chancery case, to authorize publication of notice, alleged that the complainant had made due inquiry to learn the place of residence of the defendant, and was unable to ascertain the same; that his last known place of residence, so far as affiant’s personal knowledge went, was the city of Chicago, in this State, which place he left about six years before, and, as affiant was informed and believed, went to California; that about two years before, affiant was informed that he was in San Francisco, in the State of California, since which time affiant has, upon due inquiry, been unable to find where he was residing: Held, that the affidavit fully complied with the statute, and was amply sufficient.</p> <p>3. Same—sufficiency of the notice—absence of the summons. A notice published against a non-resident defendant in a bill in chancery, setting forth the pendency of the suit, the names of the parties thereto, the title of the court, the time and place of the return of the summons, and that a summons had been issued so returnable, is sufficient.</p> <p>4. Where it appears by the clerk’s certificate that he sent a copy of a notice by publication, by mail, addressed to th