FORMER CASES.-Continued.

Jones & Adams Co. v. George, 227 I11. 64, distinguished,

as to when evidence as to number and ages of children
left by decedent is admissible.....

... 211
Calkins v. Calkins, 229 I11. 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 III. 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 III.

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 III.

115, adhered to, as to right of land owners to act as

drainage commissioners under amendment of 1999. .... 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..... ... 319
People v. Murphy, 185 Ill. 623, explained, as to Parole

law not applying to conspiracy under section 46 of the
Criminal Code....

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......

... 417
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 tọ Parole law being constitutional.. 532

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....




delay will not bar relief against fraud of which the in-

jured party was ignorant..
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....

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

averment that executors represented they had authority

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

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

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

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......

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.....



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....

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

2 4 9 – 42






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..... 142
when additional road tax levy by town under labor system

is invalid—when certificate should be returned by the
supervisors to highway commissioners.

.. 160
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...

.. 175
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.....

.. 366
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



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....... ... 317
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...



HOMESTEAD.- Continued.

when validity of unpaid claims is res judicata upon peti-

tion to sell homestead premises after homestead estate

is extinguished.......
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...




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....



purpose of statute allowing illegitimate children to inherit

from their mother-section 2 of the Statute of Descent
must be construed with section 1.....

illegitimate child cannot inherit from its mother's nephew

notwithstanding section 2 of Statute of Descent...... 127



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..



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....

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....

when infants are not entitled to relief for error in selling

homestead to pay debts without protecting their home-
stead interest...



failure to give land owners sixty days' notice to remove

fences is not ground for permanently enjoining open-

ing of the road...
injunction will lie to prevent opening of new road until

complainant has been paid for land in money..... 367



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

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........ 355



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..
statement that persons named as beneficiaries were mem-

ber's cousins is not a warranty.....
when right of beneficiaries to sue jointly on a certificate

cannot be questioned in court of review..




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



effect of "itinerant vendor” provision of the Medicine and

Surgery act—such provision is unconstitutional as re-
spects patent medicines....



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...

when validity of unpaid claims is res judicata upon ap-

plication to sell the homestead premises after the home-

stead estate is extinguished......
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



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