Parker v. Shannon

Citations

• 114 Ill. 192
• 28 N.E. 1099

Syllabus

<p>1. Allegations and decree should correspond. It is error to render a decree against the wife of the defendant, granting a perpetual injunction against her and her husband, where there is no allegation- in the bill upon which to base any decree against her.</p> <p>2. Chancery—;jurisdiction to try legal titles. Where the defendant is in the possession of land, a court of equity will not take jurisdiction of a bill to try the legal title of the complainant to the same. A court of law is the proper forum for the trial of legal titles to land.</p> <p>3. Where the main object of a bill in chancery is the recovery of possession from a judgment debtor, of lots which had been sold upon execution against him, and to have it found that title to the property was acquired under the execution sale, a court of equity will not be invested with jurisdiction to pass upon the legal title, merely from the fact that the bill also seeks to obtain an injunction to prevent the commission of waste or irreparable injury to the property. In such case the court should only stay, temporarily, the doing of any irreparable injury, until the further order of the court and a trial of the question of title in a court of law.</p>