Merrell v. Atkin

Decided November 15, 1862

Illinois Supreme Court · decided 1862-11-15

The original bill was filed by Richard Atkin, complainant, against Minerva Merrell, L. B. Eothchild, and Henry Gibbs, defendants. The bill states, that said Atkin is owner in fee of part of Lots 1 and 2, Block 1, Square 4, in Salem, Marion county, Illinois. That said premises were two tenements occupied by defendants, Eothchild and Gibbs. That complainant as owner was entitled to the rents from 1st June, 1859. That defendants, Eothchild and Gibbs, were the tenants.

Good law ✅— No negative treatment on recordhow we know

Decided 1862-11-15

How this case has been cited

Cited by 3 later decisions — most recently October 1963

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Caton, C. J.

¶1This is a bill in chancery to recover certain rents alleged to have been wrongfully paid by the tenants to the defendant. The answer to this bill is manifest. The complainant’s remedy is at law. If he is entitled to the rents, he can recover them in an action, or he may distrain for them. If the tenants have wrongfully paid the rents to the defendant, that would constitute no defense to a recovery by the complainant if he is entitled to them.

¶2It may be remarked, that if this bill showed a proper case for relief, this decree would have to be reversed for want of proper parties. The answer which is sworn to, discloses the fact that the heirs are interested, and should have been made defendants. The complainant should have amended his bill and made them parties.

¶3The decree must be reversed, and the bill dismissed.

¶4Decree reversed.