Ilett v. Collins

Citations

• 103 Ill. 74
• 1882 Ill. LEXIS 147

Syllabus

<p>1. Vendor’s lien—waived by taking collateral security. The vendor of real estate, by taking collateral or other security for the purchase money, waives his lien on the property sold.</p> <p>2. Same—lost when the debt is barred by limitation. Where the debt for the purchase money of real estate is barred by the Statute of Limitations, no vendor’s lien can exist that may be enforced.</p> <p>3. Limitation—when available by demurrer. Where the fact that a debt sought to be collected is barred by the Statute of Limitations, appears on the face of the bill, advantage may be taken of the bar on demurrer.</p> <p>4. Practice in chancery—setting aside dismissal of bill—how' far discretionary. On sustaining a demurrer to a bill in chancery the court below entered an order dismissing the bill. The complainant, at the same term of court, upon reasons assigned and supported by affidavit, moved the court to set aside the order of dismissal. The motion was denied, and upon questioning the propriety of this ruling, it was held to be within the sound discretion of the chancellor whether he will set aside such an order of dismissal, and there not appearing to have been any abuse of that discretion, the ruling was not subject to review.</p>