Ryan v. Duncan

Citations

• 88 Ill. 144

Syllabus

<p>1. Administrator—bill by, to remove cloud. An administrator, taking neither an estate, title nor interest in the lands of his intestate, can not maintain a bill to remove a cloud from such lands. He takes a mere power to sell to pay debts of the intestate, and if he sells for that purpose, he must take the land as he finds it.</p> <p>2. Chancery—answering does not waive objection to party’s right to sue. The general rule is, that if a bill is bad on demurrer, the court will not grant relief on the hearing, though the defendant answers. An objection, such as that there is a complete remedy at law, comes too late when made on the hearing, for the first time. In such cases the objection must be taken either by demurrer to the bill or in the answer.</p>