South Park Commissioners v. Todd

Citations

• 112 Ill. 379

Syllabus

<p>1. Eminent domain—disposition of condemnation money where the person entitled is a non-resident, or unknown. Where the person entitled to receive the compensation awarded in a proceeding to condemn land for a public use, is not known, or is a non-resident, the money should be paid into the county treasury for the use of the owner or person entitled thereto, and if it is paid over to one not entitled to it, the courts will compel its payment again in favor of the rightful claimant. The commissioners awarding the compensation have no authority to determine to whom the money shall be paid.</p> <p>2. Same—right to condemnation money as between the owner and his mortgagee. Where the property of a mortgagor is condemned for public use, and the compensation to be paid is assessed, the mortgagee or holder of the mortgage debt will be entitled to be first paid out of it the amount due him, and the mortgagor the balance.</p> <p>3. Same—estoppel to deny ownership of land taken. Where park commissioners proceed to condemn land for park purposes, as the property of a person named as the owner in the petition, the commissioners will be estopped from afterwards disputing his title, in the absence of any adverse claimant of the condemnation money, and more especially so when such alleged owner’s title is-not put in issue in the suit to recover such money.</p> <p>4. Practice—time to object to want of proof of title in mortgagee, on foreclosure. A mortgagor’s deed misdescribed one of the parcels of land intended to be conveyed, and the same was condemned for public use by park commissioners, by its proper description. On bill to ’foreclose the mortgage, the commissioners impliedly admitted that the legal title was in the mortgagee, and a decree of foreclosure was entered: Held, that as the objection to want of proof of title in the mortgagee was not made in the court below, so as to afford an opportunity of showing the mistake, it was waived, and could not be urged on appeal or er