Thomson v. Morris

Citations

• 57 Ill. 333

Syllabus

<p>1. Void and voidable—of a decree pro eonfesso, upon insufficient allegations. If a person is in court by due service, as party to a bill praying a sale of lands in payment of certain judgments, on the ground that the lands belonged to the judgment debtor, and the bill shows upon its face that sncli defendant claimed an interest which the complainant seeks to subject to sale because of its inferior equity, and was made a party that he might disclose his interest, but, neglecting to interpose any defense, a decree pro confesso is entered against him, such decree, however erroneous because the allegations in the bill as to the title of the defendant were not positive or specific, or because the bill failed to show the complainant did not have an adequate remedy at law, is not void, and a sale under its authority is not a nullity.</p> <p>2. In such case, when the decree is collaterally assailed, it is sufficient to know that the defendants were in court by service or appearance, that the decree was one which a court of equity has power to make, and that the subject matter upon which it operated was brought by the bill before the court for adjudication.</p> <p>3. So upon bill filed by a judgment creditor, to subject certain lands to sale for the satisfaction of the judgment, a third person, who had purchased a portion of the lands under another judgment against the same debtor, was made a party defendant. The only distinct allegation in the bill affecting the title of that defendant was, that at the time the complainant obtained his judgment, and at the close of the term when it was rendered, the judgment debtor owned the lands. The bill, however, charged that the defendant claimed some right or title to a part of the lands, in some way through the judgment debtor, and that he knew of complainant’s superior equity in the lands when he acquired his interest therein, and asked that he might set forth what title or claim he had. The defendant was duly served with process