Reddick v. the President

• Decision Date: 31 January 1862
• Citation: 17 Peck 145,1862 WL 3160,27 Ill. 145
• Parties: MARY REDDICK, MARY ANN REDDICK, ELIZA ANN REDDICK, and JOSEPH HOWARD, Guardian of the said Mary Ann and Eliza Ann Reddick, minors, Plaintiffs in Error,v.THE PRESIDENT, DIRECTORS AND COMPANY OF THE STATE BANK OF ILLINOIS, Defendants in Error.
• Court: Illinois Supreme Court

27 Ill. 145
1862 WL 3160 (Ill.)
17 Peck (IL) 145

MARY REDDICK, MARY ANN REDDICK, ELIZA ANN REDDICK, and JOSEPH HOWARD, Guardian of the said Mary Ann and Eliza Ann Reddick, minors, Plaintiffs in Error,
v.
THE PRESIDENT, DIRECTORS AND COMPANY OF THE STATE BANK OF ILLINOIS, Defendants in Error.

Supreme Court of Illinois.

January Term, 1862.

ERROR TO MACON.

Where a default has been taken and a decree entered, pro confesso, which recites that the defendants have been regularly notified of the pendency of the suit, by summons or advertisement, a bona fide purchaser under the decree will be protected, although the record may not furnish any evidence of a summons or advertisement. The cases of Randall v. Songer, 16 Ill. 27, and Vairin v. Edmonson, 5 Gilm. 272, modified.

Upon writ of error in a chancery cause, the Supreme Court will not

[27 Ill. 146]

presume that any evidence was given in the court below, except what appears in the record.

Strict proof is required against infant defendants, and the record must furnish the evidence to sustain a decree against them, whether their guardian answers or not. No confession by their guardian can bind them.

THIS was a bill in chancery to foreclose a mortgage filed by the defendants in error against the plaintiffs in error, in the Circuit Court of Macon county. The opinion of the Court contains a full statement of the case.

B. F. SMITH, for Plaintiffs in Error.

TUPPER & NELSON, for Defendants in Error.

BREESE, J.

This record may be truly said to be a very barren one, as it contains neither bill, subpœna, note, mortgage, nor any of the evidence, if any was produced. The first recital in the record before us, is the following:

In the Macon Circuit Court, October term, October 18, A. D. 1841.

+---------------------------------------+
                ¦STATE BANK OF ILLINOIS, ¦)¦ ¦
                +------------------------+-+------------¦
                ¦vs. ¦)¦In Chancery.¦
                +------------------------+-+------------¦
                ¦MARY REDDICK AND OTHERS.¦)¦ ¦
                +---------------------------------------+
                

And now this day comes the complainant by his solicitor, and on his motion, it appearing to the satisfaction of the court that process has been duly served on defendants herein, it is ordered that Mary Reddick, and the said defendants, Mary Ann Reddick, and Eliza Ann Reddick, by their guardian, Joseph Howard, be ruled to answer, plead or demur to complainants' said bill of complaint, on or before the meeting of court tomorrow morning and that in default thereof, said bill be taken for confessed.

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