Schneider v. Seibert

Citations

• 50 Ill. 284

Syllabus

<p>1. Bill in chancery—-for partition—of the proper allegation as to title. Where a bill in chancery, filed for a partition of lands, in setting out the title of the parties, alleges that their ancestor died, seized of the premises sought to be divided, and that he died intestate, and that they are his heirs at law, although the bill might be obnoxious to a demurrer for want of more specific allegation of title, it would be sufficient to support a decree for partition.</p> <p>2. Bill op interpleader—in a suit for partition. Where a bill is filed for a partition of lands among several joint owners, a judgment creditor of one of the parties having a lien upon the premises to the extent of the share of his debtor, has such an interest in the land as will authorize him to file a bill of interpleader, under the seventh section of the partition act, for the purpose of subjecting such share to the satisfaction of his debt.</p> <p>3. A person interpleading in such a case, should also answer the original bill, and if he fails to do so, on motion made in the court below, he will be compelled to answer, or his bill of interpleader will be stricken from the files.</p> <p>4. But if the objection be not taken in the court below, an omission to file an answer will not be ground for reversal, especially when it can be seen an answer could not have been of any service to any party to the suit, and of no importance to the rights of the party interpleading.</p> <p>5. Where the jurat appended to a bill of interpleader of such character, states that the complainant deposed that it was true in substance and in fact, that is sufficient, although in the jurat the bill was called a plea; the jurat being attached to the bill, will be understood as-referring to that and nothing else.</p> <p>6. Partition—order of sale—of the oath of the commissioners appointed to make partition. In a suit in chancery for partition, the oath of the commissioners appointed to divide the lands, was objected to as