Hill v. Blackwelder

Citations

• 113 Ill. 283
• 1885 Ill. LEXIS 691

Syllabus

<p>1. Special constable—to serve summons in civil suit. A justice of the peace can not make a lawful appointment of a constable pro tern, to serve “ a summons or other personal notice in a civil suit, and the service of summons by such a constable will fail to give the justice of the peace jurisdiction of the person of the defendant.</p> <p>2. Estoppel—the general rule. Where one, by his words or conduct, intentionally causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter hi? own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time, and the Statute of Frauds will have no application to defeat the application of this rule.</p> <p>3. Same—to deny the validity of a judgment under which a sale was made. Where the defendant in a judgment rendered by a justice of the peace, which is made a lien upon real estate by filing a transcript thereof in the office of the clerk of the circuit court, induces a creditor other than the plaintiff in the judgment to make a redemption under such judgment from prior sales under execution, and to bid off a tract of land previously sold to hold as a security and for the benefit of the former, such party, and those claiming under him with notice of the title thus acquired, will, in a court of equity, be estopped from defeating such title by showing that the judgment of the justice of the peace was void for want of jurisdiction over the person of such defendant.</p> <p>. 4. Same—whether a fraudulent intent is necessary to the application of the rule. It is not necessary to the application of an equitable estoppel that there should be a fraudulent intention on the part of the party causing another to act upon the belief of the existence of a certain state of fact, and thereby alter his position. It is enough if there would be a fraudulent effect from allowing the party to set up a claim inconsist