McDuffee v. Sinnott

Citations

• 119 Ill. 449

Syllabus

<p>1. Amendment—of bill, changing'a complainant to defendant. It is within the discretion of the court to allow the amendment of a bill for partition to be so amended as to make one of the co-tenants a defendant, instead of a complainant; and the allowance of such amendment affords no just ground of complaint.</p> <p>2. Limitation—available for attack as well as defence. Where the bar of the Statute of Limitations has become absolute, and the party entitled is in possession under it, it is thereafter just as available for attacking as for defensive purposes, and its availability in this respect will not depend upon the occupant continuing in the actual possession of the property. The title acquired by such bar may be asserted against all the world, including the paramount' owner. . .</p>