Hickenbotham v. Blackledge

Citations

• 54 Ill. 316

Syllabus

<p>1. Parties in chancery—in what mode persons may he made parties to a hiU. A bill in chancery for partition was exhibited by a portion of the heirs of the former owner of the land sought to be partitioned, and two others were named, and prayed to be made defendants to the bill. The bill recited that there were other heirs besides those so named, who were minors, and children of the common ancestor from whom all derived title, but those minors were not joined as complainants nor prayed to be made defendants, nor was process issued against them, though a guardian ad litem was appointed for them, who undertook to enter their appearance: Held, the minors could not be treated as parties to the suit, nor would a decree therein affect their interests.</p> <p>2. Infants—if defendants, should he served with process. In order that a decree shall affect infants, they must be made parties to the bill, either complainant or defendant, and if the latter, they must be served with process.</p> <p>3. Decree in partition—its requisites. A decree in partition is erroneous if it fails to find the respective interests of the several tenants in common.</p> <p>4. Partition—the sale must follow the decree. Where a sale of premises is decreed in a suit for partition, the master can properly sell only such parcels as are directed to be sold in the decree, although other tracts may be named in the bill. Nor will the approval by the court of the report of the master, showing a sale of lands not decreed to be sold, operate to render such sale valid.</p>