FORMER CASES.-Continued.

PAGE.

211

260

Jones & Adams Co. v. George, 227 Ill. 64, distinguished,
as to when evidence as to number and ages of children
left by decedent is admissible.....
Calkins v. Calkins, 229 Ill. 68, and Tagert v. Fletcher, 232
id. 197, distinguished, as to bill to contest a will not be-
ing necessarily restricted to that issue, only.......... 226
Joliet Steel Co. v. Shields, 134 Ill. 209, and Schillinger
Bros. Co. v. Smith, 225 id. 74, distinguished, as to when
declaration need not negative relation of fellow-servants. 240
City of Joliet v. Spring Creek Drainage District, 222 Ill.
441, explained, as to authority of district to assess city
for benefits to its streets and alleys.....
Wabash Railroad Co. v. Coon Run Drainage District, 194
Ill. 310, distinguished, as to the extent to which sec-
tions 176 and 18 of Levee act are valid.....
Vandalia Drainage District v. Hutchins, 234 Ill. 31, dis-
tinguished, as to when expenditure is not a wrongful
diversion of the funds of the district....
Ahrens v. Drainage District, 170 Ill. 262, and Vandalia
Drainage District v. Hutchins, 234 id. 31, distinguished,
as to effect of court's findings of fact.
Claussen Park Drainage District v. Daily, 239 Ill. 428,
distinguished, as to court not losing jurisdiction of pro-
ceeding on sustaining objections to assessment roll... 263
Meredosia Lake Drainage District v. Evemeyer, 244 Ill.
115, adhered to, as to right of land owners to act as
drainage commissioners under amendment of 1939..... 263
Millard v. Harris, 119 Ill. 185, distinguished, as to when

approval of report wherein administrator takes credit
for improper items does not bind the heir.....
People v. Murphy, 185 Ill. 623, explained, as to Parole
law not applying to conspiracy under section 46 of the
Criminal Code....

260

262

263

319

349

Ogden v. Larrabec, 70 Ill. 510, and Smyth v. Neff, 123 id.
130, followed, as to when judgment of Supreme Court
is res judicata upon second appeal in ejectment....... 416
Nixon v. Cobleigh, 52 Ill. 387, followed, as to when affi-
davit for secondary evidence of a deed is in substantial
compliance with statute....
Ames v. Ames, 160 Ill. 599, distinguished, as to commis-
sioners in partition having no power to recommend the
payment of owelty to equalize division....
George v. George, 167 Ill. 447, and People v. Joyce, 246 id.
124, adhered to, as to Parole law being constitutional.. 532

... 417

494

FORMER CASES.-Continued.

Stead v. Commons of Kaskaskia, 243 Ill. 239, followed,
as to power to authorize sale of commons of Kaskaskia
being vested solely in the State....

FRAUD.

delay will not bar relief against fraud of which the in-
jured party was ignorant...

PAGE.

578

56

evidence reviewed and held sufficient to show fraud by an
agent in dealing with principal's land....
it is not sufficient to allege fraud generally..
when transaction may be set aside though misrepresenta-
tion is as to a matter of law.....

57

225

226

representation by executors as to amount of personal es-
tate left by decedent is one of fact.....

226

averment that executors represented they had authority
from heirs to make agreement and that they would all
sign it is an averment of fact......

226

when the allegations of fraud in making settlement agree-
ment are sufficient to require answer.

226

mere existence of fiduciary relation does not, of itself, jus-
tify setting aside deeds......

330

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

when it is necessary to allege and prove scienter in action
for fraud and deceit in sale of stock of corporation... 354
a fraudulent grantee is chargeable with interest on value
of property received by him to hinder grantor's credit-
ors-when interest is chargeable.......
.. 378
alleged fraud in property exchange must relate to existing
fact-promise to perform an act is not a representation. 457
when representations by alleged agent in property trade
are improperly allowed to be proven....
facts under which transaction involving exchange of lots
for bonds will be set aside.....

FUTURE INTERESTS.

a vested remainder is subject to forced sale but a contin-
gent remainder is not-when the rule in Shelly's case
does not apply.....

remainder to "heirs" or "heirs of the body" of a living
person is a contingent remainder-a deed construed as
creating a contingent remainder...

· 457

624

405

... 407

what is necessary in order to justify construing grant to
heirs of living person to mean children...

407

HARD ROADS.-See TAXES.

HIGHWAYS.

PAGE.

.... 53

102

102

142

160

hard roads tax may be extended on the basis of one-third
instead of one-fifth value of property.....
additional road tax in town under labor system cannot be
authorized at a special meeting.............
party claiming certificate for additional road tax is insuffi-
cient has burden of proving such insufficiency......
what does not render invalid tax levy for road and ditch
damages-when certificate for additional levy shows a
contingency under section 14 of Roads and Bridges act. 142
when certificate of road tax levy cannot be amended upon
application for judgment of sale for the tax.....
when additional road tax levy by town under labor system
is invalid-when certificate should be returned by the
supervisors to highway commissioners. ...
additional road tax is not intended for ordinary repair or
work-town cannot levy road tax under labor system
after voting to adopt cash system...
what action by highway commissioners outside of town-
ship does not invalidate proceedings for opening road.. 366
fact that commissioners meet and discuss matters where
they have no jurisdiction to act is not material............... 366
when final order laying out road will not be regarded as
rescinded because of lapse of time....
failure to give sixty days' notice to remove fences is not
ground for permanently enjoining opening of road.... 366
land owner cannot be compelled, under section 17 of the
Roads and Bridges act, to accept town orders instead
of money in payment for his land.............
injunction will lie to restrain opening of road until com-
plainant has received payment in money for his land.. 367
the constitution requires that the compensation for private
property taken for public use shall be paid in money... 367

HOMESTEAD.

175

366

365

when no allotment of homestead is necessary to protect it
from sale to pay debts-effect where premises increase
in value after homestead limits are fixed..... ..... 317
homestead premises may be sold to pay unsatisfied claims
after the homestead estate is extinguished.....
there is no fixed time for proceeding to sell land for debts
after homestead estate is extinguished.....
when the prima facie case ordinarily made by producing
judgments allowing claims is not established............

317

318

318

HOMESTEAD.—Continued.

when validity of unpaid claims is res judicata upon peti-
tion to sell homestead premises after homestead estate
is extinguished..

PAGE.

318

an heir takes real estate subject to its being sold to pay
debts-homestead estate cannot be sold to pay debts.. 425
when infants are not entitled to relief against sale of the
premises to pay widow's award without protecting their
homestead interest in the property....

HUSBAND AND WIFE.

425

85

when fact that complainant has conveyed land does not
deprive her of standing in equity to establish dower... 85.
in Illinois a common law wife is entitled to dower-what
instrument is not a release of dower...
dower need not be assigned to widow in each tract sepa-
rately-estate of a grantor is ultimately liable to make
good covenant of warranty that he is unmarried...... 87
power of court of equity to transfer dower in land con-
veyed to land of which husband died seized...........

ILLEGITIMATES.

87

126

purpose of statute allowing illegitimate children to inherit
from their mother-section 2 of the Statute of Descent
must be construed with section I.....
illegitimate child cannot inherit from its mother's nephew
notwithstanding section 2 of Statute of Descent...... 127

INDEPENDENT CONTRACTORS.

when architect in employ of owner of building is not an
independent contractor.

when owner of building is liable for failure to observe
provisions of act of 1907 relating to safety of persons.
in and about buildings being constructed.....

INFANTS.

when recital of decree as to service of summons upon in-
fants must be accepted as true-right of infants to file
bill to impeach decree....

...

211

. 211

424

extent of infant's right to impeach decree-when suit by
infants to impeach decree must be determined as though
questions arose on writ of error..

424

when infants are not entitled to relief for error in selling
homestead to pay debts without protecting their home-
stead interest....

425

INJUNCTION.
failure to give land owners sixty days' notice to remove
fences is not ground for permanently enjoining open-
ing of the road.....

PAGE.

366

injunction will lie to prevent opening of new road until
complainant has been paid for land in money....... 367

INSTRUCTIONS.

one who fails to ask for a particular instruction cannot
complain that it was not given...............

...

147

147

206

fact that testator committed suicide need not be referred
to in each instruction in will contest case...
when refusal of instruction is harmless....
when giving instruction authorizing recovery if case has
been proved as laid in declaration is reversible error.. 354
when erroneous instruction is not cured by others......

INSURANCE.

355

when right of beneficiaries to sue jointly on a certificate
cannot be questioned in court of review...

statement that persons named as beneficiaries were mem-
ber's cousins is not a warranty......

a benefit certificate is not void because one of the bene-
ficiaries is ineligible-when eligible one of two benefi-
ciaries is entitled to full amount....

448

448

448

INTEREST.

a fraudulent grantee is chargeable with interest on value
of property when interest is chargeable.......

378

ITINERANT VENDORS.

effect of "itinerant vendor" provision of the Medicine and
Surgery act-such provision is unconstitutional as re-
spects patent medicines.

JUDGMENTS AND DECREES.

judgment cannot be rendered for taxes part of which are
illegal-when judgment for county tax should be en-
tered at the minimum county rate....

195

97

when validity of unpaid claims is res judicata upon ap-
plication to sell the homestead premises after the home-
stead estate is extinguished...

318

.... 318

when prima facie case ordinarily made by the production
of judgments is not established.....
approval by court of report wherein administrator takes
credit for improper claims does not bind the heir..... 319