Malaer v. Hudgens

Citations

• 130 Ill. 225
• 22 N.E. 855

Syllabus

<p>1. Appeals&emdash;whether a freehold is involved&emdash;as affecting the right of appeal directly from the trial covert. A freehold is not involved, within the meaning of the statute giving an appeal directly from the trial court to this court, where the litigation may, on certain contingencies, result in the loss of a freehold, but which will not necessarily have that effect, or when the freehold may be directly affected by the judgment or decree unless payment is made or some act done to arrest the sale of the land, as, discharging a lien thereon for the payment of money. In order that there should be a right of immediate appeal to or writ of error from this court, the title to the freehold must be directly put in issue.</p> <p>2. A freehold is involved, within the sense of the constitution and statute, only in cases where either the necessary result of the judgment or decree is, that one party gains and the other loses a freehold estate, or when the title is so put in issue by the pleadings that the decision of the case necessarily involves a decision of such issue.</p> <p>3. In a suit for partition, the decree settled the rights of the parties, from which no appeal was taken, and ordered a sale of the property. A sale was made and reported, together with the fact that the purchaser refused to pay his bid. Subsequently, the court ordered the master to sell the land for the costs, which was done, the sale reported and approved, and a deed made to the purchaser. The complainant being dissatisfied with the proceedings subsequent to the first sale, sued out a writ of error from this court to the trial court, assigning for error such subsequent proceedings: Weld, that no freehold was involved, and therefore 'this court had no jurisdiction.</p> <p>4. Same&emdash;freehold&emdash;as having been involved&emdash;but not arising on the appeal. Although a freehold may have been involved in the suit, and in the decree therein rendered, yet, if no objection is taken to that