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25 Ill. App. 42

Howell v. Foster

Appellate Court of Illinois

Decided February 17, 1887

Appellate Court of Illinois · decided 1887-02-17

J. F. Hughes, Judge, presiding. This was a bill filed in the court below by the plaintiff in error to remove a cloud from the title to lands purchased by him from Frederick Aholtz, by reason of several judgments for costs against said Aholtz and one against Leah Aholtz, upon all of which, some nineteen in number, executions had been issued upon each judgment and placed in the hands of defendant Foster, as Sheriff of Macon County, and by him levied on the property described…

Decided 1887-02-17

Per Curiam.

¶1It is unnecessary to consider any of the questions raised in this record except the ■ one as to proper 2>arties.

¶2The various persons interested in sustaining the fee bills were necessary parties. Their rights were involved in the controversy, and, as the bill only made the Sheriff a defendant, the court properly sustained a demurrer to it. Plaintiff in error failing to amend his bill it was properly dismissed.

¶3Affirmed.

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