Richards v. Isaac R. Greene.

Citation1875 WL 8526,78 Ill. 525
PartiesHENRY G. RICHARDSv.ISAAC R. GREENE.
Decision Date30 September 1875
CourtSupreme Court of Illinois

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Warren county; the Hon. ARTHUR A. SMITH, Judge, presiding.

Messrs. WILLIAMS, MCKENZIE & CALKINS, for the appellant.

Messrs. LANPHERE & BROWN, and Mr. E. H. LEACH, for the appellee.

Mr. JUSTICE CRAIG delivered the opinion of the Court:

This was a bill in equity, brought by Isaac R. Greene against Henry G. Richards and Mary Richards, his wife, for the purpose of having assigned and set off a homestead in a certain tract of land to the defendants, or one of them.

The complainant, Greene, acquired title to the premises by virtue of a sale under a trust deed executed by Richards to E. P. Williams, trustee, to secure a certain note given to A. C. Clay, for the sum of $1320.

At the time of the execution of the trust deed, Richards, who was a householder, resided upon the premises with his wife. The wife, however, did not join in the execution of the trust deed.

Upon the first hearing of the cause the circuit court found the homestead right to be in the wife, Mary Richards, and decreed the homestead to her.

At the September term, 1874, of this court, the decree was reversed, on the ground that the homestead should have been decreed to Henry G. Richards, and not to his wife.

At the May term, 1875, of the circuit court, the cause was again heard, and a decree rendered in conformity to the opinion of this court, to reverse which Henry G. Richards has brought this appeal.

It is urged by the counsel for the appellant, that the court erred in denying the application of Robert Mecum, the conservator of the estate of Mary Richards, to come in and defend, and in not determining the rights of Mary Richards before final decree.

Whether any error was committed that affects Mary Richards or her rights in the premises, it is not necessary to inquire, as she is not before the court, and has made no complaint in regard to the decree.

It is a familiar principle, that the appellant can not allege errors which, if they exist at all, relate exclusively to a person who is not complaining, and is not before the court. Henrickson v. Van Winkle, 21 Ill. 274; Horner v. Zimmerman, 45 Ill. 14; Cromine v. Tharp, 42 Ill. 120.

It is next urged, that the court erred in the appointment of commissioners to set off a homestead to Mary Richards.

It is true, it was irregular to direct the commissioners to set off the homestead right to the wife of appellant. That irregularity, however, did the appellant no harm, and he can not complain of an error that worked no injury to him.

By the final decree, the homestead was decreed to appellant, and it is difficult to perceive what more he can ask. It was the duty of the commissioners to examine the premises, and to set apart a certain portion thereof, of the value of $1000, as a homestead. Whether the homestead was...

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19 cases
  • Marriage of Kozloff, In re
    • United States
    • Illinois Supreme Court
    • April 4, 1984
    ...v. Hildebrand (1968), 41 Ill.2d 87, 90, 242 N.E.2d 145; People v. Chambers (1956), 9 Ill.2d 83, 89, 136 N.E.2d 812; Richards v. Greene (1875), 78 Ill. 525, 528.) Under the appellate court rule, however, a change of venue can be sought on any post-decree petition if the litigant is dissatisf......
  • Pyle v. Pyle
    • United States
    • Illinois Supreme Court
    • October 16, 1895
    ... ... Tibbs v. Allen, 27 Ill. 119;Richards v. Greene, 78 Ill. 525;Clark v. Marfield, 77 Ill. 258;Van Valkenburg v. Trustees, 66 Ill. 103. At ... ...
  • Fabbri v. Cunio
    • United States
    • United States Appellate Court of Illinois
    • April 30, 1878
    ... ... Tharp, 42 Ill. 120; Tibbs v. Allen 27 Ill. 119; Henrickson v. Van Winkle, 21 Ill. 274; Richards v. Green, 78 Ill. 525; Fonville v. Sausser, 73 Ill. 451; Havighorst v. Lindberg, 67 Ill ... ...
  • Press v. Woodley
    • United States
    • Illinois Supreme Court
    • March 28, 1896
    ... ... Zimmerman, 45 Ill. 14;City of Chicago v. Cameron, 120 Ill. 447, 11 N. E. 899;Richards v. Greene, 78 Ill. 525;Greenman v. Harvey, 53 Ill. 386;Robinson v. Brown, 82 Ill. 279;Willemin v ... ...
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