Newman v. Willitts

Citations

• 60 Ill. 519

Syllabus

<p>1. Creditor’s bill — for sale of life estate to satisfy a judgment at law. Where a defendant in a judgment held a life estate in a tract of land and sold the same to a third person without consideration, and he, at the request of his grantor, conveyed the same to her daughter: Held, that a court of equity will give relief on a bill filed for the purpose of subjecting the life estate to the payment of the judgment.</p> <p>2. Error in the judgment. Nor does it matter, in such a case, that the clerk assessed the damages on a default where there was a special count on a note and the common counts in the declaration. If an error, a court of equity will not hold the judgment void for that reason.</p> <p>3. Execution — variance. Nor will a court of equity withhold relief because the first execution, returned nullabona, was issued for a less sum thau the judgment. Such a variance would be ground to have it set aside in the court whence it was issued; it was not void but only'Voidable.</p>