Wilson v. Lyon

Citations

• 51 Ill. 530

Syllabus

<p>1. Decebe—in rem—enforcing vendor's lien against a second purchaser. When it is sought to enforce a vendor’s lien against the grantee of the purchaser, on the ground he had notice that the purchase money was not paid, the decree should he in rem, not in personam.</p> <p>2. Costs—on rehearing. A decree being affirmed in this court, the appellant asked a rehearing, among other reasons, because the decree below was in personam when it should have been in rem, that point not having been presented on the original argument: Held, that as the appellant was in fault in not distinctly presenting the question upon the argument, and the appellee was also in fault in not having a proper formal decree entered, an equitable disposition of the costs should be made; so each party was directed to pay his own costs in that proceeding.</p>