Stone v. Smoot

Citations

• 39 Ill. 409

Syllabus

<p>1. Cross-bill—when necessary. Affirmative relief cannot be granted to a defendant in chancery, except upon a cross-bill filed for that purpose. Where the defendant simply files his answer, upon a dismissal of the original bill no further decree can be entered except for the costs.</p> <p>2. So where a party exhibited his bill in chancery to enjoin the prosecution of an action of ejectment which had been commenced against him, and the defendant only answered the bill, without filing a cross-bill, it was held to be error, oh dismissing the original bill, to decree that the complainant should surrender the premises to the defendant, for the reason, among others, that such specific relief could not be granted to the defendant, except upon cross-bill.</p> <p>3. Notice to creditors of a sale of the land of the debtor — what constitutes. A vendor of land executed a title bond to =his vendee, but the bond remained unrecorded and the vendor retained possession until a judgment was obtained against him by one of his creditors. On the day after the service of the summons in the suit in which the judgment was recovered, which was subsequent to the sale of the land, the vendor informed the creditor of the sale, and told him who was the purchaser, offering to pay him his debt in notes, among them one of those given for a part of- the purchase-money of the land, which was refused. This information to the creditor was held to be such notice to him of the sale of the land as would protect the prior purchaser against any title which the creditor could acquire under his judgment subsequently recovered against the vendor.</p>