Wetherell v. Eberle

Citations

• 123 Ill. 666

Syllabus

<p>1. Conflict of laws—State court setting aside deed under judgment in Federal court. A bill by one seeking to set aside a United States marshal’s deed of his land, sold by the officer on a judgment and execution of the United States Circuit Court against another, is not obnoxious to the objection that the State court has no jurisdiction where the validity of the proceedings in the United States Court are questioned.</p> <p>2. Behoving cloud upon title—requisites of bill. A bill seeking to set aside a deed to land as a cloud on title,' is fatally defective if it fails to show that the complainant is in possession of the land, or that it is unimproved and unoccupied.</p> <p>3. Practice in chancery—insufficiency of bill—how mailed of. In considering the question of the sufficiency of a bill in chancery, all matters which go to the jurisdiction of the court may be taken advantage of by demurrer, whether specially pointed out in the demurrer or not, for whenever it appears that the case made by the bill is not brought within the class of cases which courts of equity assume the power to hear and determine, it shows, in the technical sense of the expression, “there is no equity in the bill;” and this defect may be pointed out ore tenus, on the argument.</p>