Lang v. Clemens

Citations

• 107 Ill. 133
• 1883 Ill. LEXIS 236

Syllabus

<p>Decebe—not void for error. A husband and wife brought a suit for the assignment of dower and partition of land in which the wife was interested as an heir, making the other heirs parties. A partition was made, reported and confirmed, but the wife’s name was wholly omitted in the decree and subsequent proceedings, and her portion was set off and assigned to the husband. This decree was never reversed or set aside, and subsequently the land was sold on execution against the husband, and on bill filed by the wife’s only heir to set aside the sale as a cloud on her title, it was held, that the decree of partition, although erroneous, was not void, and passed the title to the husband, and that the land was subject to sale on the execution.</p>