{
  "id": 5386465,
  "name": "John Parker et al. v. James S. Shannon",
  "name_abbreviation": "Parker v. Shannon",
  "decision_date": "1887-09-26",
  "docket_number": "",
  "first_page": "452",
  "last_page": "455",
  "citations": [
    {
      "type": "official",
      "cite": "121 Ill. 452"
    }
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  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "115 Ill. 431",
      "category": "reporters:state",
      "reporter": "Ill.",
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    {
      "cite": "114 Ill. 192",
      "category": "reporters:state",
      "reporter": "Ill.",
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  "last_updated": "2023-07-14T20:53:49.573722+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "John Parker et al. v. James S. Shannon."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Magruder\ndelivered the opinion of the Court:\n\u00cd This case is now before us for the second time. The former opinion in it is reported in 114 Ill. 192. We there held, that the circuit court should not have passed upon the legal title, and should have gone no further than to stay, temporarily, the doing of any irreparable injury, until a trial and determination of the question of title could be had in a court \u00ab of law; and the cause was remanded for further proceedings consistent with that opinion. We also there held, that it was erroneous to make any decree against Caroline M. B. Parker\u00bb The decree, sought to be reviewed by the present writ of error, finds the complainant to be \u201cthe absolute, unqualified and unconditional owner in fee simple\u201d of the lots described in the bill, and orders, that the injunction be made perpetual against both John Parker and Caroline M. B. Parker.\nAfter the remanding order was filed in the circuit court an amended bill was filed, which omitted any statement as to the mode in which complainant derived his title, or as to the character of the claim, set up by defendants. 1 The amended bill simply alleged, that complainant was the owner in fee of the premises and in the possession thereof, and that defendants were giving out and pretending that John Parker was \u201cthe owner of or in some manner interested in or entitled to the possession of the said premises or some part thereof, \u201d and that, under such pretended claim, defendants were committing trespasses, etc. It also alleged, that said pretended claims of the defendants operated as a cloud upon the title of complainant, and prayed that said cloud might be removed. The decree, besides the findings -already mentioned, found that the claims in question did operate as a cloud, and decreed that such cloud be removed. It was rendered after default taken against the defendants below, who did not plead, answer or demur to the amended bill, nor in any way enter their appearance, after it was filed.\nThe amended bill sets up no other or different claim on the part of the defendant Parker, than that which is alleged in the original bill, referred to in our former opinion. A bill will not lie to remove a mere verbal claim or oral assertion of ownership in property, as a cloud upon the title. Such clouds upon title, as may be removed by courts of equity, are instruments or other proceedings in writing, which \u25a0 appear upon the records and thereby cast doubt upon the validity of the record title.\nWhen this court reverses a cause and remands it generally without any specific directions, amendments to the pleadings may be allowed upon the reinstatement of the cause- in the court below. This ease, however, was not remanded generally. The order in Parker v. Shannon, 114 Ill. 192, is as follows: \u201cThe decree will be reversed, and the cause remanded for further proceedings consistent with this opinion. \u201d The only proceeding, wliicli was consistent with that opinion, was to enjoin the doing of irreparable injury, until the question of title could be tried and determined in a court of law. Where a certain mode of proceeding is marked out in the opinion and the direction is to proceed consistently therewith, any other mode of proceeding is excluded. Hook v. Richeson et al. 115 Ill. 431; Gage v. Bailey, 119 id. 539.\nThe second decree entered by the circuit court is reversed, and the cause is remanded with directions to proceed as indicated in Shannon v. Parker, 114 Ill. 192.\nDecree reversed.",
        "type": "majority",
        "author": "Mr. Justice Magruder"
      }
    ],
    "attorneys": [
      "Mr. Egbert Heryey, for the plaintiffs in error.",
      "Messrs. E. H. & N. E. Gary, for the defendant in error."
    ],
    "corrections": "",
    "head_matter": "John Parker et al. v. James S. Shannon.\nFiled at Ottawa September 26, 1887.\n1. Cloud upon title\u2014such as equity will remove. A bill will not lie to remove a mere verbal claim or oral assertion of ownership in land as a cloud upon the title. Such clouds upon title as may be removed by courts of equity, are instruments or other proceedings in writing, which appear upon the records, and thereby cast doubt upon the validity of the record title.\n2. Practice\u2014proceedings in the trial court\u2014after reversal and remandrnent. Where this court reverses a decree, and remands the cause generally, without any specific directions, amendments to the pleadings may be allowed \u2022-upon the reinstatement of the cause in the court below. But when \u201cthe cause is remanded for further proceedings consistent with\" the opinion, the mode of proceeding indicated in the opinion must be pursued, and any other mode is excluded.\n3. Where a decree is reversed by this court holding that the circuit court should not have passed upon the legal title to lands, and should have gone no further than to stay, temporarily, the doing of any irreparable injury thereto, which, it was alleged, had been threatened, until a trial and determination of the question of title could be had in a court of law, and the cause remanded for further proceedings consistent with the opinion pronounced, it will be error to allow an amendment of the bill bringing in other matters and grounds of relief. The only thing left to be done is for the circuit court to enjoin the doing of irreparable injury until the title shall be settled at law.\nWrit of Error to the Circuit Court of Du Page county; the Hon. C. W. Upton, Judge, presiding.\nMr. Egbert Heryey, for the plaintiffs in error.\nMessrs. E. H. & N. E. Gary, for the defendant in error."
  },
  "file_name": "0452-01",
  "first_page_order": 452,
  "last_page_order": 455
}