Pestel v. Primm

Citations

• 109 Ill. 353

Syllabus

<p>1. Bill of review—or cross-bill in the nature of a bill of review— limitation. On a bill filed by the purchaser of land at a master’s sale on foreclosure of a mortgage, against the heirs of the mortgagor, alleging the foreclosure and sale, and the execution and delivery to him of the master’s deed, and its loss or destruction without having been recorded, and praying that the master be directed to make him a new deed in lieu of the lost one, the heirs, more than five years after the youngest became of age, filed a cross-bill, in the nature of a bill of review, seeking to impeach the former decree for errors and irregularities, and to set aside the sale, and for an account of the rents and profits, such purchaser having entered into possession under his lost deed, and the purchaser in his answer set up and relied on the limitation of five years as a bar to the relief sought by the cross-bill. On the hearing, the court granted the relief sought in the original bill, and dismissed the cross-bill: Held, that there was no error in dismissing the cross-bill.</p> <p>2. A bill of review for errors apparent on the face of the record in a chancery suit, must be filed within the time allowed for a writ of eiror, and is not allowed after that time has elapsed; and this rule applies to a cross-bill in the nature of a bill of review, to impeach a decree.</p> <p>3. Bill to restore lost deed—its scope and effect as to decree under which the original deed was made. On a bill seeking a decree for a new deed in place of a former one made by a master in chancery under a decree of foreclosure, which is lost, the validity of the decree under which the sale and deed were made is not involved, and it can not be assailed for errors and irregularities. On a bill to carry a former decree into execution, the rule might be otherwise, and the court might look into the original case to see if the former decree was equitable and just.</p> <p>4. A decree directing the master in chancery to make