Pool v. Docker

Citations

• 92 Ill. 501

Syllabus

<p>1. Cross-errors—in chancery—whether necessary. Where neither party to a suit in chancery challenges the finding of the court below as to any ground of relief in the case, it will be understood they do not desire to litigate that question further;—and while it may be that in chancery cases it is not necessary, in order to bring the whole case before the court, that cross-errors should be assigned, yet where the appellee does not challenge, in some appropriate mode, a finding against him as to matters of relief, it will be taken that he acquiesces as to any other final decision.</p> <p>2. Chancery jurisdiction—mistake. Corrections of mistakes in any transaction is a principal head of equity jurisdiction.</p> <p>3. So, where the heirs of a deceased person had agreed to make distribution of the estate equally among them, thereby changing the mode of division as prescribed in the will of the ancestor, and in making the distribution as thus agreed upon it was alleged a mistake had been made in computing the amount to which certain of the distributees was entitled, it is within the jurisdiction of a court of chancery to inquire whether a mistake has intervened, and if so, to grant the proper relief.</p> <p>4. Same—as to trusts. A party who was seized of property, real and personal, devised the larger part of his estate to a portion of his children. Upon the death of the testator his children agreed among themselves that the estate should be divided equally. In order to accomplish such equal distribution it was agreed that the real estate should, after a time fixed, be sold; but in the meantime those holding the legal title under the will should account to the others for a certain proportion of the rents and profits. This was held to constitute those who thus held the title to the lands, trustees, in part, for the benefit of the other heirs, and a court of chancery could take hold of the trust, for a discovery and to compel an account to be taken of the rents and profits