Stempel v. Thomas

Citations

• 89 Ill. 146

Syllabus

<p>1. Decree—binding on parties even though erroneous, until reversed. Where the circuit court has jurisdiction of the parties and of the subject matter in controversy, any decree entered in reference to the parties or the property involved, however erroneous, is not void, but binding until reversed.</p> <p>2. Same—protects officer though erroneous. On bill for partition of lands, where a sale was ordered, and the money to be brought into court, and the master wrongfully paid the solicitor’s fees of both parties, and the court, by decree, approved his report of the facts, and ordered the master, after payment of the costs, to pay the balance to the several parties in interest, it was held, that the decree, until reversed, was binding on the parties, and that the master was not liable to any of the parties for his share of the money so paid by him.</p> <p>3. Partition—allowance of solicitor’s fees. Where a suit for the partition of land is not amicable, but is contested, it is error to allow solicitor’s fees in the case, but the decree is not void, if the court has jurisdiction.</p> <p>4. Monet had and deceived—paid by mistake. Where a person, by mistake, overpays another, he may recover the sum thus overpaid, notwithstanding a receipt may have been given.</p> <p>5. Estoppel—parties—by decree of court. A party to a bill for partition will be presumed to have notice of an order approving the payment of solicitor’s fees by a master in chancery, and is estopped from denying it while the order stands unreversed.</p> <p>6. Settlement—binding on party. Where a party to a partition suit, after a report of sale and payment of solicitor’s fees out of the proceeds, and its approval by the court, settles with the officer making the sale, and allows him to deduct from his distributive share his proportion of the solicitor’s fees, he will be bound by the settlement.</p>