Allman v. Taylor

• Decision Date: 30 June 1881
• Parties: FREDERICK ALLMAN et al.v.EVA TAYLOR et al.
• Court: Illinois Supreme Court

101 Ill. 185

1881 WL 10701 (Ill.)

FREDERICK ALLMAN et al.

v.EVA TAYLOR et al.

Supreme Court of Illinois.

Filed at Springfield Mar. 31, 1881.Rehearing denied June Term, 1881.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Champaign county.

Messrs. TIPTON & RYAN, for the appellants:

A minor may institute any kind of a proceeding in the courts of this State, either by his guardian or next friend. Holmes v. Field, 12 Ill. 424; Gross' Stat. 1868, p. 331, sec. 4; McGuffin v. Storrs, Cox, (N. J.) 72.

The wards were in court by their guardian, and this conferred jurisdiction of their persons. Mason v. Waite, 4 Scam. 133; Gibson v. Roll, 27 Ill. 387; Fitzgibbon v. Lake et al. 29 Id. 177.

As to the jurisdiction of a court of chancery to order the sale of a part of the real estate of an infant, on his application by guardian or next friend, to pay off incumbrances on the residue, see Smith et al. v. Sackett et al. 5 Gilm. 534.

Where a court obtains jurisdiction of the persons and subject matter of the litigation, its judgment and decrees must be held valid, and an innocent purchaser at a sale under such judgment and decree will not be affected by any error in the course of the proceedings. Johnson et al. v. Johnson, 30 Ill. 215; Spring v. Kane, 86 Id. 580; Conover v. Musgrove et al. 68 Id. 58; Fitzgibbon v. Lake, 29 Id. 177; Young v. Lorain, 11 Id. 637.

Every presumption runs in favor of the jurisdiction of the court of general jurisdiction. Wills v. Mason, 4 Scam. 88; Whitney case, 23 Ill. 447; Vance v. Frank, 2 Scam. 264; Beaubien v. Brinckerhoff, Id. 273; 1 Sandf. 74; Kenney v. Grier, 13 Ill. 448; Horton v. Crichfield, 18 Id. 136.

The judgments of courts of general jurisdiction are always held conclusive in collateral proceedings until the same are reversed upon direct proceedings had for that purpose. McCoy v. Morrow, 18 Ill. 594; Cody v. Hough, 20 Id. 46; Prescott v. Fisher, 22 Id. 393; Ralston v. Wood, 15 Id. 170; Williams v. Amroyd, 7 Crand. 423; Ex parte Watkins, 3 Pet. 207; Grignon's Lessees v. Astor, 2 How. 342; Forniquet v. Perkins, 7 Id. 172; West v. Smith, 8 Id. 412; Sargent v. State Bank of Indiana, 12 Id. 385; United States v. Arrendo, 6 Pet. 729; Perkins v. Fairfield, 11 Mass. 227; Iverson et al. v. Loberg, 26 Ill. 179; Gibson v. Roll, 27 Id. 92; Field v. The People, 3 Scam. 108; Rockwell et al. v. Jones et ux. 21 Ill. 285; Vorhees v. Bank of the United States, 10 Pet. 471; Huff v. Outchison, 14 How. 588; Thompson v. Tolmie, 2 Pet. 165.

The rule is, that where the circuit court has jurisdiction, and makes an order of sale, the fact that the guardian may proceed irregularly in the execution of the decree will not invalidate the sale. Mulford v. Beveridge et al. 78 Ill. 456.

Nor is the purchaser responsible for a misapplication of the purchase money. Mulford v. Beveridge, 78 Ill. 456; Mumford v. Steinback et al. 46 Id. 309.

Nor is he responsible for the order of the court in appropriating the money realized from the sale. Fitzgibbon et al. v. Lake et al. 29 Ill. 165.

Mr. J. O. CUNNINGHAM, also for the appellants.

Mr. FRANCIS M. WRIGHT, for the appellees:

1. That complainants below had the right to maintain the bill to impeach and avoid the former decree, counsel cited Kuchenbeiser v. Beckert, 41 Ill. 172; Lloyd v. Malone, 23 Id. 43; Hess et al. v. Voss, 52 Id. 472.

2. In the original proceedings, the decree in which is sought to be impeached, the court had no jurisdiction, either of person or subject matter, and such decree is therefore void.

The court must have jurisdiction, by notice, and necessary averments in the petition of the jurisdictional facts. Smith et al. v. Race, 27 Ill. 387, and cases there cited; Fitzgibbon v. Lake, 29 Id. 165; Johnson v. Johnson, 30 Id. 223.

The statutes in force at the time the petition was filed authorize the land to be sold for the purpose of educating or supporting such infant, or for the purpose of investing the proceeds of such real estate in such manner as the court which appointed such guardian may order and direct. Gross' Stat. (1st ed.) 335, or Laws 1853, p. 98.

The court could acquire no jurisdiction without notice of the application by the guardian. Spellman et al. v. Dowse, 79 Ill. 66; Mulford v. Beveridge, 78 Id. 455; Nichols v. Mitchell, 70 Id. 258; Knickerbocker v. Knickerbocker, 58 Id. 399.

The power of the court in this regard is purely statutory. Whitman v. Fisher, 74 Ill. 154; Donlin v. Hettinger, 57 Ill. 348; Rogers v. Dill, 6 Hill, 415; Onderdonk v. Mott, 34 Barr, 106; Becker v. Lorillard, 4 Conn. 207; In re Turner, 10 Barb. 552.

Mr. JUSTICE SCOTT delivered the opinion of the Court:

While this bill may not be susceptible of any exact definition, it may be treated, as complainants themselves have treated it, as a bill to impeach a former decree pronounced by the circuit court, in a case wherein these complainants were petitioners or complainants.

In 1866 a proceeding was commenced in the circuit court of Champaign county, in the names of the present complainants, by Benjamin F. Brown, their guardian, to sell the lands now involved in this litigation. It was represented to the court by the allegations of the bill, complainants were all minors, resident in the State of Indiana; that Benjamin F. Brown was their guardian, duly appointed by a court having jurisdiction for that purpose; that they were the sole owners of the lands described as being situated in Champaign county, in this State; that they also had a reversionary interest in a lot, with improvements, situated in the city of Indianapolis, in which their mother had a life estate; that the property in Indiana was subject to incumbrances that would ultimately destroy the title unless removed, and that neither complainants, nor their mother, who owns the life estate, had any means other than the property described, with which to remove such incumbrances. The prayer of the bill was, that the Illinois lands, which were then unimproved and of course unproductive, might be sold, and the proceeds used to protect the other property in which they had an interest. Allegations contained in the bill gave the court to be informed that such a course would be greatly to the advantage of the minors, invoking its aid. All persons interested in these lands were complainants, by their guardian, and to the proceeding Mary E. Taylor, their mother, was made defendant. No process was issued, as the party named as a defendant came into court and made answer, admitting and confessing the matters set up in the bill. On the hearing of the cause some evidence that had been taken by ex parte affidavits was heard, and the court decreed according to the prayer of the bill. It was under that decree the lands were sold by the master in chancery to John Reynolds, for $2000, to whom he made and delivered a deed for the same. The report of the master showing the making of the sale and deed, was afterwards approved by the court, and the proceeds of the sale, when collected, after deducting necessary expenses, were paid over to the guardian of complainants, as the decree provided. Afterwards, Reynolds conveyed a portion of the lands to defendant Burns, and the residue to defendant Allman, each of whom entered into possession of the lands respectively conveyed to him, and has since made valuable improvements thereon. It is the decree rendered in that proceeding that complainants in this bill seek to impeach, and the specific relief asked is, that the master's deed to Reynolds, and his deeds to defendants now claiming to own the lands, be set aside, and be declared to be absolutely void. The decree of the circuit court was in conformity with the prayer of the bill, and defendants were required to surrender possession of the lands to complainants. The writ of error on which the case is to be heard in this court was sued out by defendants in possession and claiming to own the lands.

All discussion of minor questions will be waived, and our inquiry will be directed to ascertain whether the court that pronounced the decree sought to be impeached, had jurisdiction of the cause. It is a familiar principle, that needs the citation of no authorities in its support, that if a court has jurisdiction of the persons of the parties, and of the subject matter of the suit, its decrees will be conclusive on all parties concerned, and the title to property acquired on a sale under a decree in such a case will be valid, notwithstanding irregularities may have intervened in the conduct of the proceedings. Defendants claim title to the property involved under a sale by virtue of a decree of a court of general jurisdiction, and it only remains to ascertain whether the court has jurisdiction in this particular case to pronounce the decree it did.

There is no pretence the original proceeding under which defendants claim title to the lands conforms to the statute of this State which provides for the sale of lands of minors by guardians, and if it can be maintained at all, it must be as a chancery proceeding deriving no aid from the statute. It was commenced by what has the form and general characteristics of a bill in chancery, was placed on the chancery docket, and was treated by the court as a bill in chancery. The decree follows the usual practice, and provides it shall be executed by the master in chancery, as was done. It was a proceeding friendly to the interests of the minors, invoking the aid of the court, and was brought by their guardian, appointed by a court of competent jurisdiction, on whom devolved the special duty of protecting their interests, and for that purpose was invested with ample powers. It was...