Strean v. Lloyd

Citations

• 128 Ill. 493
• 21 N.E. 533

Syllabus

<p>1. Ejectment—attorney’s authority—to institute andprosecute the suit. Under the statute, any written recognition of the attorney’s authority to commence an action of ejectment, duly proved as therein provided, is made presumptive evidence of such authority at the time the suit was brought.</p> <p>2. Where a written recognition of an attorney’s right to prosecute an action of ejectment for lands situate in one county, inserts the name of another county as the place where the suit is to be prosecuted, the naming of the wrong county will be regarded as a clerical error, and will be rejected as meaningless. Authority to prosecute such a suit necessarily implies authority to prosecute it in the county where the land lies.</p> <p>2. Same—amendment of declaration—in ejectment. The circuit court has authority, under section 23 of the Practice act, to allow the plaintiff in ejectment to amend the declaration by changing the parties and correcting the description of the land sued for.</p> <p>4. Same—sufficiency of evidence—as to extent of recovery. Proof of . title in A and B, and a conveyance from B to C, and a deed of trust from 0 to D, and his death, leaving the plaintiffs his only heirs, will not sustain a judgment in ejectment in favor of the plaintiffs for the entire interest in the land. At most, such evidence shows a right of recovery only of the undivided half of the land.</p> <p>5. Same—remittitur in Supreme Court—and entry of judgment for the proper quantity. Where judgment is rendered on the first trial in an action of ej e ctment for a tract of land, on proof of title to only an undivided half in the plaintiff, this court will not allow the plaintiff to enter a remittitur, and take judgment for the undivided half of the land.</p> <p>6. Appeals—reviewing facts—in ejectment. On an appeal in an action of ejectment, this court must review questions of fact as well as of law, when properly presented.</p> <p>7. Law and pact—as to effect of a deed. The effect of a de