Sevier v. Magguire

Citations

• 49 Ill. 66

Syllabus

<p>Chancebt—of proceedings to set aside a decree rendered by default for error apparent on its face. S obtained a decree by default, subjecting certain lands, the title of which was in the wife t>f M, to the payment of a judgment in complainant’s favor against M. The decree made no exemption of homestead rights, and also directed, in addition to the payment of S’s judgment, the payment of a judgment against M in favor of E, who was not a party to the bill. Whereupon M and wife filed their bill to set aside the decree, for errors apparent on its face, and also to enjoin the sale of the land, on the ground that it was then, and at the time of the rendition of the decree, the homestead of M’s wife. The court below rendered a decree wholly setting aside this former decree, for the reason of the error committed in providing for the payment of E’s judgment: Held, that this was error; that the court should merely have modified the-former decree, by directing that that portion which related to E’s judgment should be set aside, and directing, also, a sale of the land in payment of S’s judgment, subject to the homestead right of M’s wife, which right had been established by the proofs.</p>