Stookey v. Carter

Citations

• 92 Ill. 129

Syllabus

<p>1. Tenants in common—power of one to give right of possession to a third person, to the exclusion of Ms co-tenants. One of several tenants in common has no power to grant to a third person the right to the possession of the premises, so as to bar or postpone the right of the other tenants in common to maintain a bill for the assignment of dower and the setting off a homestead therein to such third person.</p> <p>2. Practice in chancery—mode of objecting to misjoinder of parties. The correct mode of presenting the objection that a part of the complainants in a bill in chancery are not proper parties, is by demurrer to the bill.</p> <p>S. Error will not always reverse—improper parties in chancery. Although there be error in permitting an improper joinder of parties complainant in chancery, the decree will not be reversed if it be in other respects in conformity to equity.</p> <p>4. Writ of possession—whether properly awarded. Upon bill in chancery to assign dower and set off a homestead to the defendant; where the decree-provided for the extinguishment of the homestead right, by the payment of $1000, and fixed the value of the dower interest to be paid, upon payment of the proper sum, or the tender thereof, the complainants are entitled to possession of the premises, they being the owners in fee; and in case of refusal on the part of the defendant to surrender the possession, a writ of possession may properly be awarded.</p>