Hawkins v. Taber

Citations

• 47 Ill. 459

Syllabus

<p>1. Chancery practice—modifying dea-ee. If it is brought to the knowledge of the court, before which a chancery proceeding is still pending, that a decree previously rendered in the case is unjust or oppressive, it is not error for the court to modify the decree in accordance with the new facts brought before it.</p> <p>2. Same—affidavits as evidence. Where a motion is made to modify a decree which is still pending in court, and affidavits are submitted on both sides, touching the equities involved in the proposed modification, this court will hold that such proceedings were had by consent.</p> <p>3. In such case, the proper practice would be, to either refer the case to the master again, or hear it again in court, upon proof regularly offered, but if parties consent to a different mode of exhibiting the facts, the error will be thereby waived.</p> <p>4. Partition—apportioning rents. Though it is true that a court of equity has jurisdiction in cases of partition, and may, in the same suit, enter a decree in favor of a co-tenant, for rent in arrear, the claim for rent in such cases must be well established.</p>