Holderman v. Graham

Citations

• 61 Ill. 359

Syllabus

<p>1. Partition—administrator's sale—set aside—consent to decree. A bill Avas filed for a partition among several tenants in common, and to set aside a sale of the land by an administrator, and the court, on the hearing, rendered an interlocutory decree setting aside the sale and decreeing that a partition be made, and referring the case to the master, to take proof of the use and occupation, payment of taxes, and improvements made by the purchaser at the administrator’s sale, the master reported, and the court rendered a final decree reaffirming the former decree and reciting that the purchaser from the administrator consented to the rendering of the interlocutory decree; the court also stated the account, and decreed the amount the tenants in common should pay the purchaser at the administrator’s sale: Held, that the purchaser could not question the fact that he assented to the interlocutor)'' decree. Where a decree appears, from recitals, to be assented to, it is not necessary that evidence of the consent should be preserved in the record. If not satisfactory, the party dissatisfied should preserve the evidence on which the recital is based, and then it can be reviewed.</p> <p>2. Account—rents—improvements. In such a case, where the master is required to ascertain the rental value of a piece of land for a long period of time, he should receive proof ns to the rental value for each year, and not a mere average; as interest must be computed on the rents, the value for each year should appear, and it was error for the court to average the interest on the rents. And where an occupant was charged with rents, and allowed for improvements, aud the fences on his own laud afforded the means of enclosing the land on which he was charged rents, it was error to charge full rents for the land and allow nothing for the use of his fences.</p> <p>3. It would not, in such a case, be proper to allow for improvements made after the account was ordered, even if the occupant made the