Heacock v. Hosmer

Citations

• 109 Ill. 245

Syllabus

<p>1. Practice—petition for change of venue in chancery case must be preserved in record. A petition for a change of venue is a mere motion made in a case, and, like other motions, does not become a part of the record in a suit in chancery unless embodied into a bill of exceptions, on certificate properly signed by the presiding judge. The rule in equity, in this respect, is the same as at law.</p> <p>2. Same—what is part of record in chancery suit. The pleadings in a chancery case, and exhibits, and depositions in writing, are a part of the record, and no certificate of evidence is required to make them such; but the testimony of witnesses called to testify on the hearing and motions made in the case do not become a part of the record unless preserved by bill of exceptions or certificate of the judge. A petition for a change of venue is not a pleading.</p> <p>3. Burnt Records act—sufficiency of petition. A petition to establish and confirm title under the Burnt 'Records act, which gave a description of the land, and averred that the petitioner had an estate in fee simple therein, giving the chain of title under which he claimed, also the names of the persons in possession and those claiming title in opposition, is good under the statute, and such statute is a valid law.</p> <p>4. Same—petition construed, as showing defendants in possession claiming the fee. A petition to confirm title under the Burnt Records act, in attempting to state the parties claiming title adversely, stated “that the following persons own or claim, as your orator is informed and believes, an estate in fee or some interest in said lands, or some part thereof, as is hereinafter stated, as follows,” giving their names, and stating there were no others claiming the same': Held, that while the language used did not perhaps express the meaning of the pleader as clearly as might have been done, still, in substance the averment was sufficient, amounting to an averment that the parties named were in p