Meyer v. Pfeiffer

Citations

• 50 Ill. 485

Syllabus

<p>1. Error—who may complain thereof. A party cannot complain of an error, which in nowise injures or impairs his rights.</p> <p>2. So, where the yearly value of a widow’s dower in several tracts of land, was charged upon all the lands, instead of charging each separate tract with the amount arising therefrom, the error, if it be one, is not such as the widow can complain of, inasmuch as it gave her a higher and better security.</p> <p>3. Description op premises—in a decree. A decree establishing a right of dower in certain lands, described one of the tracts, as a part of the N. W. qr. of N. E. qr. of Section 12, without quantity or further description: Held, the description was insufficient, as the part intended to be aifeeted by the decree, could not be ascertained, or separated from the balance of the quarter.</p> <p>4. Pleading in chancery—allegation of the existence of a homestead right. Where a party seeks to assert a homestead right in premises, it is not enough to declare simply that the right exists; the pleading should set out the facts, which, if proven, would establish the right.</p> <p>5. Decree—for dower—requisites thereof. Where the yearly value of the widow’s dower is ascertained, and allowed in lieu of dower, the decree should fix the day in each year for the payment thereof, and it is error to omit to do so.</p> <p>8. Same—should not be confiding. A decree fixing the annual value of a widow’s dower provided that the allowance should be a lien upon the premises, and also provided for a sale of the land in the event of non-payment of any of the installments; the decree then directed the master, in case of sale, to convey to the purchaser, all the right, title, interest and estate of the parties to the suit, in the lands: Held, that the decree was erroneous because the character of estate to be conveyed by the master was inconsistent with the lien previously declared in favor of the widow, for the yearly allowances as they might successively fall due.