Rann v. Rann

Citations

• 95 Ill. 433
• 1880 Ill. LEXIS 196

Syllabus

<p>1. Chancery—multifariousness. Three brothers, desiring to purchase certain tracts of land, procured a third person to make the purchase in his own name, they to pay the*purchase money as it should become due. Other tracts were purchased in the same way, the legal title being in the names of several persons. Different portions of the lands so purchased were taken possession of severally by the three brothers, who farmed the lands, made payments on the purchase money, and verbally agreed upon the mode of division among them. Pending these transactions one of the brothers absented himself from that part of the country, and remained away several years, until finally, the two remaining brothers, on the supposition the absent one was dead, procured the conveyance of the legal title to all of certain parcels of the lands to be made to them, agreeing, however, in the even t of the return of the abseu t brother, to convey his portion to him. A mistake was made in conveying some of the tracts. There was an outstanding mortgage upon others. The legal title to a portion still remained in the original vendors. One of the brothers who remained at home, and in whom was vested in the manner mentioned the legal title to a parcel of the land which, by their verbal agreement, was to belong to the one who had absented himself, died, leaving a widow and several children. While matters were in this condition the absent brother returned, and filed his bill in chancery, making the survivKg brother and the representatives of the deceased brother parties, in order to procure the conveyance to him of the legal title to the portions of the lands belonging to him. The holder of the outstanding mortgage was made a party; also the grantor in-the deed in which the mistake had occurred, and the holders of the legal title to such portions of the land as had not yet been conveyed. The bill sought to have all these various matters adjusted in the one suit. It was held the bill was not multifarious,