Walker v. Douglas

Citations

• 89 Ill. 425

Syllabus

<p>1. Purchaser pendente lite—of his rights as against others holding under the decree. A conveyance of land by a defendant in a bill in chancery, brought for the specific performance of a contract to convey the same land, during the pendency of the suit, is entirely inoperative as against any rights the complainant may establish. Such a conveyance would be entirely subordinate to the deed made in pursuance of the final decree of-the court.</p> <p>2. Bill of review—grounds for. The fact that the defendants in a bill for the specific performance of a contract to sell and convey real estate pendente lite, conveyed the property to a stranger, in order to put it out of their power to comply.with any decree against them, which action on the part of the defendant was unknown to the court, and was not the ground for the dismissal of the bill, is no ground for granting leave to file a bill of review to revise the former decree.</p> <p>3. Same—for newly discovered matter. In order to justify a bill of review for newly discovered matter, it is necessary that the new matter should not be cumulative merely, and it must be such as would have produced a diiferent result had it been known and brought before the court.</p>