Stow v. Steele

Citations

• 83 Ill. 422

Syllabus

<p>Error—pwty, whose rights an'e not affected by, can not be heard to complain. A widow being in possession of a portion of a lot of ground as her assigned dower in the whole of it, the widow of a former owner filed a petition against her and the owner of the fee, and obtained .a decree assigning to her the same part occupied by the first named widow, who was, by process of court, ejected from the premises, and the complainant put in possession. From this decree an appeal -was prosecuted to the Supreme Court, pending which the appellee therein died. Her death was suggested in the Supreme Court, her administrator made a party, and the Supreme Court thereupon reversed the decree and remanded the cause. The cause was re-docketed in the court below, and a writ of restitution ordered, to restore the first named widow to the possession of the premises, and that upon the execution thereof the suit abate: Meld, that, whether this decree was regular or irregular, correct or erroneous, the owner of the fee can not be heard to complain against it.</p>