Sidebilder
PDF
ePub

PAGE.

72

72

330

EQUITY.

equity may, in a proper case, enforce trust against prop-

erty purchased with trust fund-existence of trust and

investment of fund must be clearly shown.....
when equity should not declare resulting trust-the trial

court is invested by statute with discretion in taxing

additional fees of examiner of title as costs.....
when fact that owner has conveyed land does not deprive

her of standing in equity to have dower established... 86
power of a court of equity to transfer a dower interest to
lands of which the husband died seized....

87
court may invoke its general chancery powers when nec-

essary to the exercise of its statutory jurisdiction to en-
tertain bill to contest a will......

225
when bill to contest will may include relief by way of set-
ting aside settlement agreement.....

225
when transaction may be set aside for fraud though mis-
representation is as to a matter of law.....

226
right to relief in equity is not dependent upon lapse of

any fixed period of time—when relief by way of setting

aside deeds is properly denied......
equity has jurisdiction to set aside sale by trustee to him-

self-what does not defeat right of beneficiary to have
the sale set aside...

341
equity will not reform a deed made without considera-

tion—when rendition of services by sister to brother is
valuable consideration for a deed.....

359
injunction will lie to prevent opening of new road until
complainant has been paid for land in money.

367
admissibility of new evidence where a creditors' bill pro-

ceeding is remanded, with directions to enter decree in

accordance with holdings of opinion.....
fraudulent grantee is chargeable with interest on value of

property received by him for the purpose of hindering
the grantor's creditors.....

378
complainant's waiver of jury by invoking aid of a court

of equity does not bind the defendant..
jury trial is not a matter of right in a chancery proceed-
ing unless made so by statute..

395
trial of a feigned issue in chancery is not equivalent to a
trial by jury in an action at law...

395
when infants are not entitled to relief because the prem-

ises were sold to pay widow's award without protecting
their homestead interest in the property....

425
equity will not aid a grantor to set aside a deed made by
him to defraud his creditors..

487

378

395

EQUITY.-Continued.

PAGE.
court of equity does not favor forfeiture, and may relieve

against forfeiture and require compensation to be made
in money when it can be done.....

470
when damages for breach of condition subsequent may be

proved without cross-bill in suit to enjoin a forfeiture
of the deed......

471
what is not proper proof of damages.

471
rule where description of land applies to two tracts..... 487
court may decree payment of owelty in partition to equal-

ize unfair division, but the commissioners cannot make
an unfair division and provide for owelty....

494
when complainant's solicitor's fees in partition suit should
not be taxed as costs....

494
executor having only a power of sale cannot maintain a
bill to correct deeds or cancel mortgages...

538
laches is not imputed to one in peaceable possession under

deed for delay in resorting to court of equity to correct
mutual mistake of description..

574
costs in chancery case rest within discretion of court.... 575
when defense of laches must be set up by answer—when

transaction involving exchange of lots for bonds should
be set aside...

624

ESTOPPEL.

what does not estop water company from insisting that
rates fixed by ordinance are too low....

383

EVIDENCE.

proof that deceased miner left children of various ages is

competent in action by the widow under the Mines and
Miners act.....

42
evidence that the place where accident occurred was not

a "working place” is competent, where a willful failure
to mark a working place is charged.

42
evidence reviewed and held sufficient to show fraud by an
agent in dealing with principal's land..

57
when declarations of holder of legal title that other per-

sons are "interested” in the property are entitled to but
little weight in establishing a trust....

72
what is sufficient prima facie proof of title and possession
in complainant in bill to remove cloud. ....

82
one objecting to tax is not required to show how much of
it is illegal....

97
a party claiming certificate for additional road tax is in-

sufficient has burden of proving such insufficiency..... 102

PAGE.

[ocr errors]

378

EVIDENCE.-Continued.

contestant must overcome prima facie case made by the

testimony of subscribing witnesses in favor of will-

usual test in determining capacity to make a will...... 146
what tends to weaken testimony that testator was of un-

sound mind—when conversations between testator and
his attorney are not privileged..

146
declarations of testator are admissible to show his state

of mind but not to prove the facts stated—what admis-
sible to show testator's state of mind....

146
certified transcript of record in probate court cannot be
contradicted by parol......

146
fact that the testator committed suicide is not evidence,
per se, of insanity......

147
when evidence as to number and ages of children left by

decedent is admissible in action by the widow to recover

damages on account of his death.....
facts under which it cannot be said, as a matter of law,

that the defendant corporation was not negligent in not
making proper inspection of boiler flues.....

240
admissibility of new evidence where a creditors' bill pro-

ceeding is remanded, with directions to enter decree in

accordance with holdings of opinion.
rates fixed by ordinance to be charged by water company

must be just and reasonable and are presumed to be
so—burden of proof.....

382
when a water company must prove unreasonableness of

water rates by showing actual results since the ordi-
nance fixing the rates went into force..

383
what is not sufficient proof that abstracts of title were

made in the ordinary course of business.
it cannot be presumed that a tax sale was advertised to
take place on a certain date.....

389
when affidavit for secondary evidence of deed is in sub-
stantial compliance with the statute.

417
when representations by alleged agent in property trade
are improperly allowed to be proven....

457
in suit to enjoin forfeiture of deed, damages for breach

of condition subsequent may be proved without cross-

bill—what not proper proof of damages.... ... 471
when complainant in a bill for specific performance may

testify though defendants are defending as heirs-oral

contract relating to land must be clearly proved. ..... 501
impairment of memory by reason of old age does not, of

itself, show want of capacity-when deed will not be
set aside for undue influence.

517

388

EVIDENCE. Continued.

PAGE.
declarations of one party to contract in absence of the
other are not binding upon the latter....

501
when deed from wife to husband is not without considera-

tion—when deed is presumed to have been delivered-
execution is proved by notary's certificate.....

574
whether the office of city attorney is created by ordinance

is a matter for proof, as courts do not take judicial no-
tice of what offices are created by ordinance...

597
when objections to proof of contents of letters for want
of proof of loss of letters are waived.....

624
facts under which transaction involving exchange of lots
for bonds should be set aside.....

624

31

EXECUTORS AND ADMINISTRATORS.

when executor with will annexed may file petition to ap-
point trustee to sell land......

30
refusal of executors to act revokes their powers as trus-

tees arising by virtue of their executorship alone...... 30
act of 1909, conferring jurisdiction on probate and county

courts over testamentary trusts, is invalid.....
mere approval of report does not work discharge of ad-

ministrator nor settle the estate—when an administrator

de bonis non may petition to sell land to pay claims.... 317
land occupied as a homestead may be sold to pay unsatis-

fied claims after the homestead estate is extinguished-

when no allotment of homestead is necessary.... 317
effect where tract occupied as a homestead increases in
value after its boundaries are fixed......

... 317
there is no fixed time for a proceeding to sell land after

the homestead estate is extinguished—when validity of

claims is res judicata on application for second sale... 313
when it is presumed that administrator sold decedent's

equity of redemption, only-heir may defeat further sale

to make good loss caused by administrator's neglect... 318
approval by court of report wherein administrator takes

credit for improper claims does not bind the heir.... 319
when order of county court approving sale made by sur-

viving partner does not bind the heirs—when sale by
trustee will be set aside.....

341
title to real estate descends to heirs or devisees, and ex-

ecutor takes no title unless it is expressly or impliedly
given to him by the will......

538
estate of trustee in real estate is commensurate with his

powers-effect where executor holds legal title but has
no active duties to perform..

538

EXECUTORS AND ADMINISTRATORS.-Continued. PAGE.

when will merely confers a power of sale upon executor

but no legal title to the land. ....
executor having only a power of sale cannot maintain bill

to correct deeds or cancel mortgages...

538

538

FELLOW-SERVANTS.-See MASTER AND SERVANT.

FIDUCIARY RELATIONS.

mere existence of fiduciary relation does not justify set-

ting aside deeds--when relief by way of setting aside
deeds is properly denied...,

330

FINES AND PENALTIES.

when penalty for failure of a tax-payer to list property

with assessor for taxation should not be added........ 481
section 57 of Municipal Court act has not repealed vari-

ous laws concerning disposition of fines and penalties.. 554
section 57 of Municipal Court act does not affect lien of
State's attorney for fees...

554

FORFEITURE.

when failure to have cars running until two months after

time specified in a deed to right of way does not jus-
tify a forfeiture.....

470
equity has power to relieve against forfeiture and require
compensation in money when it can be done...

470

12

FORMER CASES.

Donahue v. County of Will, 100 Ill. 94, followed, as to

power of legislature to authorize the Governor to re-

move an officer elected by the people...
People v. C., V. & C. Ry. Co. 247 Ill. 327 and 360, fol-

lowed, as to extending hard roads tax on basis of one-
third instead of one-fifth value...

53
Fifer v. Allen, 228 III. 507, distinguished, as to when the

daughters are vested with fee upon father's death..... 113
People v. C. & A. R. R. Co. 248 Ill. 417, followed, as to

“sanitary tax" being subject to reduction under the act
of 1909...

175
Fuller v. Shedd, 161 Ill. 462, distinguished, as to owners

of surrounding land owning bed of lake where it is not
navigable or meandered.....

182
Noel v. People, 187 Ill. 587, followed, as to the “itinerant

vendor" provision of Medicine and Surgery act being
invalid as respects patent medicines.

195

« ForrigeFortsett »