The Chancery Jurisdiction and Practice; According to the Statutes and Decisions in the State of Illinois

The Chancery Jurisdiction and Practice; According to the Statutes and Decisions in the State of Illinois : From the Earliest Period to 1875: With Forms and Precedents Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...the debtor, to subject land fraudulently conveyed by the debtor in his life-time, that the fraudulent conveyance be set aside and the title be deemed in the heirs of the debtor, is not erroneous. The administrator, if he is entitled to any portion of the proceeds of the land, can have only the residue after satisfying the debt of the complainant.(v) ' 63. WHERE ALL THE PARTIES TO A SUIT IN CHANCERY H.-WE DIED since the cause was stricken from the docket, the course indicated by the practice in chancery by which to bring the case again before the court is, by bill, in the nature of a bill of revivor, by the heirs at law of one party against the heirs at law of the other pa1'ty.(w) G4. As the statutes of this State give execution upon a decree in chaucery as upon a judgment at law, the plaintiff has the same right, in both cases, to remove fraudulent incnmbrances which stand in the way of his execution.(: c) 65. Upon a bill to quiet title, if a decree is rendered which is binding upon a party, his assignee who has notice of the decree is bound by it, if the court had authority to ad_'udicate.(y) Such decree is conclusive while in force and cannot be impeached upon a collateral proceeding.(y) 66. SUBSEQUENT LEGISLATION does not help a void decree. The question of error in a decree that a town ordinance is invalid is not affected by the subsequent passage of a law authorizing the town to pass such an ordinance.(z) 67. PRESERVING EVIDENCE IN CH..'(.'ERY. It mustappear from the record that the court heard evidence and found the allegations of the bill to be true.(a) 68. SUMMONS, ETC., uosr APPEAR. It is not enough for a decree to recite that the defendant has been duly served with process, or regularly notified of the pendency of more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236906136
  • 9781236906137