Labadie v. Hewitt

Citations

• 85 Ill. 341

Syllabus

<p>1. Chancery jurisdiction—not taken away by new remedy. The giving of a new remedy by statute, in nowise affects the original jurisdiction of courts of chancery. Such new remedy is regarded merely as cumulative, unless the prior jurisdiction or remedy is limited or restricted by the statute.</p> <p>2. Same—;partition. Courts of chancery are not deprived of jurisdiction to make partition of land by our statute authorizing courts of law to order partition on petition. Proceedings for partition in chancery are not governed by the Partition act, which applies only to courts of law.</p> <p>3. Partition—bill need not be verified. Where a partition is sought in chancery, and not by petition under the statute, the bill is not required to be verified by oath.</p> <p>4. Same—decree to pay debts due from ancestor of heirs, on sale. Where land is ordered to be sold on bill in chancery for partition, it not being susceptible of division, it is not erroneous to decree from the proceeds of the sale the payment of a sufficient sum to the administratrix of the estate of the deceased, from whom the land descended, to pay the debts allowed against the estate, where they are a charge on the same. The rule is otherwise where partition of the land can be made.</p> <p>5. Practice—multifariousness in bill, how reached. If a bill in chancery is multifarious, the objection can only be raised by demurrer, specifying it as a ground of objection. If not so raised, it will be considered as waived, and it can not be urged on trial or after decree. If presented by answer, the court may or may not, as it chooses, on the hearing, allow the objection.</p> <p>6. Cross-bill — whether necessary. Where a bill in chancery for the partition' of land shows a charge in favor of one of the defendants for necessary repairs, to prevent waste and loss to the tenants in common, and asks that the same may be satisfied out of the proceeds of sale before a partition is made of the money, and this is admitted by de