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21 Ill. 294

Forquer v. Forquer

Illinois Supreme Court

Decided January 15, 1859

Illinois Supreme Court · decided 1859-01-15

This was a suit for partition in chancery, and for the correction of an error in a deed made by Susannah Forquer to her children, conveying certain land devised to her by her husband, William Forquer. The suit was brought by defendants in error against the plaintiffs in error, at the March term, A. D. 1856, of the St. Clair Circuit Court.

Decided 1859-01-15

Caton, C. J.

¶1Admitting, for the present, that the statements of the bill were sufficiently broad to justify the decree, yet the prayer expressly limited the relief asked, to a sale of the premises, reserving thereon the rent to the defendant, Mrs. Forquer. With such a prayer it was error, when the bill was taken pro confesso, for the want of an answer, to decree the sale of the premises absolutely, without the reservation of the rent as specified in the prayer of the bill. Mrs. Forquer having no objection to the relief asked for, was not called upon to appear and controvert any of the statements of the bill, no matter what they might be. She might well rest, assured, that the court would grant no greater relief to the complainants than they had asked for, and in doing so, the court erred; and the decree must be reversed and the suit remanded.

¶2Decree reversed.

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