Stokes v. Riley

Citations

• 121 Ill. 166
• 11 N.E. 877

Syllabus

<p>1. Tbust—equitable title in trustee—protected in equity. A title of a mere trustee, based. upon a deed executed for a valuable, consideration paid by the cestui que trust, under properly framed pleadings, will, in a court of equity, be protected for the benefit of the latter, to the same extent as if the deed had been made to him.</p> <p>2. Pleading and evidence—in chancery—as to the character in which a right is claimed, whether as an individual or as trustee. A party suing or defending in chancery, should disclose, by his pleadings, the right upon which he bases his claim. If he is suing in a representative capacity, it must be so stated or made to appear, otherwise he will be conclusively presumed to be acting in his own right.</p> <p>3. A party can not sue, in equity, in his individual character, and be permitted to recover as the trustee or representative of another, for that would be to permit him to sue for the invasion of one right and recover for the infraction of another.</p> <p>4. A bill for partition alleged that two of the defendants claimed to have some interest in the land under certain tax deeds and other instruments, which were alleged to be void as against the other parties. These two defendants answered separately, and the title set up by each was in his own right. The proof showed that the title set up by one of them was held in trust by him for the other, who was the equitable owner: Held, that such title could not be sustained, on account of the variance.</p> <p>5. But when the complainant averred that the title to the land was in him and one of the defendants, and charged that the title claimed by the other two defendants was void, and sought to have them set aside, and one of such defendants set up a title in himself, which the evidence showed he held in trust for the other, it was held, that evidence of such title might be considered as evidence supporting the general denial of the title claimed by the complainant and the other defendant.