Heath v. Hurless

Citations

• 73 Ill. 323

Syllabus

<p>1. Chancery—distinction betioeen bill of interpleader and bill in nature of interpleader\\ In a bill, in the nature of a bill of interpleader, the complainant seeks, not only to have the conflicting claims of the defendants against himself, which he desires to discharge to the proper parties, adjudicated, hut also some affirmative relief, whilst in a hill of interpleader strictly, he only asks that he may be at liberty to pay money or deliver property to the party to whom it of right belongs, and that he may thereafter he protected against the claim of both.</p> <p>2. Same—decree should not go beyond the allegations and prayer of the bill. A decree which is entirely outside of the allegations and prayer of the bill is erroneous.</p> <p>3. A bill, in the nature of a bill of interpleader, was filed by one who bad sold land with covenants of warranty, against the executor of his grantor, to reach the balance of the purchase money paid by him to such executor, on the ground that the testator, before conveying to the complainant, had conveyed a portion of the same land to one of the defendants in the bill, who was threatening to bring an action of ejectment against the grantee of the complainant, who was also made a defendant to the bill. The hill only prayed to have the money in the hands 'of the executor held by him until the question of title to the land, as between the complainant’s grantee and the other claimant of the land, was settled, and that the same be applied, if necessary, to satisfy the covenants of warranty in the deed of the testator to the complainant: Held, that, on such a hill, it was error to render a decree that the party threatening the ejectment suit should convey the land claimed hy him to the grantee of the complainant.</p> <p>4. In such a case, the only inquiry is, was the title of the party threatening the ejectment suit superior to that of the complainant’s grantee, and if so, shall the purchase money paid for the land to the executor of th