Walker v. Pritchard

Citations

• 121 Ill. 221
• 12 N.E. 336

Syllabus

<p>1. Appeal—freehold involved, but not brought in question—and of the severable elements in a decree, as controlling the right of appeal. Although a freehold may have been involved in a suit, and in the decree therein rendered, yet if no objection is taken to that part of the decree relating to the freehold, an appeal from another part of the same decree, having no relation to the question of freehold, will not lie from the circuit to the Supreme Court, but only to the Appellate Court.</p> <p>2. And when litigation in respect to the construction of a will, and the settlement of rights thereunder, involves the question of freehold, as well as other rights in respect to personal property, and the different parts of the decree may be treated as, in effect, distinct and severable, an appeal from that part of the decree in respect to the personal property lies only to the Appellate Court in the first instance, and the other party will not be allowed to assign cross-errors in that court as to that portion of the decree relating to the rights of the parties to real estate. Such other party can have such matters relating to the freehold reviewed in the Supreme Court.</p> <p>3. Cross-errors—whether allowable—to raise a question outside of the jurisdiction of the court. The jurisdiction of the Appellate and Supreme Courts, of an appeal or writ of error, must be determined by the questions affected by the decree sought to be reviewed. On an appeal to the Appellate Court, cross-errors can not be assigned involving the consideration of a freehold.</p> <p>4. Will—of the estate devised—whether a fee, or only for life with power of disposition. A testator devised certain land to his wife, giving her full power and authority to sell and convey the title thereof at any time and convert the avails to her own use and benefit, and his will then proceeded: “I further bequeath during her natural lifetime one span of horses, ” and all other items not otherwise disposed of, “during her nat