Southern Bank v. Humphreys

Citations

• 47 Ill. 227

Syllabus

<p>1. Statutes—construction of the statute relative to decrees against persons not personally notified. A decree rendered under section 16 of the act entitled “ Chancery,” is but interlocutory, and does not become conclusive, until confirmed by the lapse of three years from the time of its rendition.</p> <p>2. Decrees—rights acquired wider—where there has been no personal, service on defendants—•subject to be divested. All persons acquiring rights under such decree, before it becomes final and conclusive, are equally affected with notice of its conditional character, and all interests so acquired, whether for a valuable consideration or otherwise, are entirely dependent upon the confirmation of the decree, and which, if vacated, renders all proceedings under it a mere nullity.</p> <p>3. Chancery practice—relative to proceedings allowing a parly to answer—, under section 16 of act entitled “ chancery.” Upon petition to be allowed to answer under section 16 of the act entitled “ chancery,” the correct practice is, to let the former decree stand until the final hearing, and then make such decree, either setting aside the former one and dismissing the bill, or confirming or-modifyiug the same, as may be determined.</p> <p>4. Same—irregular practice in such case—cannot be attacked in a collateral proceeding. Although the practice is irregular, for the court to set aside and vacate the former decree, upon the petition to be let in and defend, yet such irregularity cannot be attached in any collateral proceeding, and such decree setting aside and vacating the former decree, will be held binding, until reversed in a direct proceeding.</p>