Rogers v. Tyley

Citations

• 144 Ill. 652
• 32 N.E. 393

Syllabus

<p>1. Costs—discretionary in chancery cases. The awarding of costs in a court of chancery is a matter of discretion with the court, and the exercise of that discretion will not' be reviewed except for abuse.</p> <p>2. Same—proceeding under Burnt Records act. A proceeding to establish title under the Burnt Records act is a chancery proceeding and the rule in chancery as to costs is applicable.</p> <p>3. Section 20 of the Burnt Records act does not make it the duty of the court to limit the costs, but simply fixes the maximum fees which officer's and employees may charge, or be-allowed, for services rendered in proceedings under that act. If costs have been taxed in violation of the section, the remedy is by motion in the court below to re-tax them.</p> <p>4. Trusts and Trustees—declaration, as giving interest in land. A. , the holder of the legal title to land, executed a writing, declaring that B. had an equitable title to an undivided eighth of the same, with the privilege of taking another eighth thereof, and in which he agreed to convey to the latter an undivided eighth, or quarter part of the tract, whenever a deed should be demanded, or in case a sale should be made of the property, the latter should be entitled to one-eighth or one-quarter of the proceeds of such sale, subject to the mortgage of the holder of the legal title given for the purchase money: Held, that this invested B. with an interest in the land, and A., the trustee, had no power to divide the land and sell what might be considered one-eighth or one-quarter of it, and require B. to accept the proceeds in satisfaction of his interest in the whole tract.</p> <p>5. Same — whether beneficiary takes interest in land or its proceeds. When several persons purchase land, each agreeing to pay his propor. tion of the price, and to take an undivided interest therein, and the legal title is taken to one of them, who gives his notes for the price, secured by a mortgage on the land, and the latter agrees to c