Jackson v. Glos

Citations

• 144 Ill. 21
• 32 N.E. 536

Syllabus

<p>1. Chancery — bill making deceased persons parties — how taken advantage of. If a bill for the confirmation of title under the Burnt Records Act shows on its face that two persons made defendants were dead before the bill was filed, the irregularity should be taken advantage of by demurrer, so as to afford the complainant an opportunity to dismiss as to such persons. If so taken, the court will be called upon to rule in respect of the costs occasioned by making deceased persons parties.</p> <p>2. Same — preserving evidence — after demurrer to bill is overruled. When the defendant, under the Burnt Records Act, demurs to the bill and abides the same when overruled, he can not afterward object that no evidence was given in support of the allegations of such petition. In such a case the statute does not require the evidence heard to be set forth and preserved.</p>