Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/15-1702) (from Ch. 110, par. 15-1702) Sec. 15-1702. Specific Rules of Possession. (a) Mortgagee's Rights. No mortgagee shall be required to take possession of the mortgaged real estate, whether upon application made by any other party or otherwise. Whenever a mortgage…

(735 ILCS 5/15-1703) (from Ch. 110, par. 15-1703) Sec. 15-1703. Mortgagee in Possession. (a) Powers and Duties. A mortgagee placed in possession of the real estate pursuant to Section 15-1701 or Section 15-1702 shall have: (1) such power and authority with respect to the real est…

(735 ILCS 5/15-1704) (from Ch. 110, par. 15-1704) Sec. 15-1704. Receivers. (a) Receiver. Notwithstanding the provisions of subsections (b), (c) and (d) of Section 15-1701, and except as provided in Section 15-1702, upon request of any party and a showing of good cause, the court …

(735 ILCS 5/15-1705) (from Ch. 110, par. 15-1705) Sec. 15-1705. Bond. (a) Mortgagee in Possession. Upon good cause shown after notice and hearing, the court may require that a mortgagee in possession give bond to other parties to account for what shall come into the mortgagee's p…

(735 ILCS 5/15-1706) (from Ch. 110, par. 15-1706) Sec. 15-1706. Possession. (a) Request. A request that the mortgagee be placed in possession or that a receiver be appointed may be made by motion, whether or not such request is included in the complaint or other pleading. Any suc…

(735 ILCS 5/16-101) (from Ch. 110, par. 16-101) Sec. 16-101. Availability of remedy. Relief by ne exeat republica may be granted, in cases where the debt or claim is not actually due, but exists fairly and bona fide in expectancy at the time of making application, and in cases wh…

(735 ILCS 5/16-102) (from Ch. 110, par. 16-102) Sec. 16-102. In favor of co-obligors or co-debtors. In case of joint, or joint and several obligors or debtors, if one or more of them is about to remove outside of the jurisdictional limits of this State, taking their property with…

(735 ILCS 5/16-103) (from Ch. 110, par. 16-103) Sec. 16-103. Venue. Where ne exeat proceedings are ancillary to any other action or proceeding, the venue shall be the same as that of the main action or proceeding. (Source: P.A. 82-280.)

(735 ILCS 5/16-104) (from Ch. 110, par. 16-104) Sec. 16-104. Complaint or petition - Bond. No relief by ne exeat shall be granted but upon complaint or petition filed, and affidavit to the truth of the allegation therein contained. Upon the granting of such relief the court shall…

(735 ILCS 5/16-105) (from Ch. 110, par. 16-105) Sec. 16-105. Limited to matters which are germane. No matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. (Source: P.A. 82-280.)

(735 ILCS 5/16-106) (from Ch. 110, par. 16-106) Sec. 16-106. Orders returnable. All orders for ne exeat shall be returnable to the clerk of the court which entered the orders. (Source: P.A. 82-280.)

(735 ILCS 5/16-107) (from Ch. 110, par. 16-107) Sec. 16-107. Service of order - Bond. The order for ne exeat shall require the defendant to file his or her answer or otherwise plead within a time designated in the order, and, upon a certified copy of the order being served upon t…

(735 ILCS 5/16-108) (from Ch. 110, par. 16-108) Sec. 16-108. Surrender of defendant. The surety in any bond for the defendant may, at any time before the bond is forfeited, surrender the defendant, in exoneration of himself or herself, in the same manner that bail may surrender t…

(735 ILCS 5/16-109) (from Ch. 110, par. 16-109) Sec. 16-109. Proceedings after service of order. On the return of the order for ne exeat, if it was duly served, the court shall proceed therein as in other cases where equitable relief is sought, if the time of performance of the d…

(735 ILCS 5/16-110) (from Ch. 110, par. 16-110) Sec. 16-110. Vacating order. Nothing contained in Section 16-109 of this Act shall prevent the court from proceeding at any time to determine whether the order for ne exeat ought not to be vacated. (Source: P.A. 82-280.)

(735 ILCS 5/16-111) (from Ch. 110, par. 16-111) Sec. 16-111. Seeking wrong remedy not fatal. Where relief is sought under Article XVI of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff or …

(735 ILCS 5/17-101) (from Ch. 110, par. 17-101) Sec. 17-101. Compelling partition. When lands, tenements, or hereditaments are held in joint tenancy or tenancy in common, other than in accordance with the Uniform Partition of Heirs Property Act, or other form of co-ownership and …

(735 ILCS 5/17-102) (from Ch. 110, par. 17-102) Sec. 17-102. Complaint. The verified complaint shall particularly describe the premises sought to be divided, and shall set forth the interests of all parties interested therein, so far as the same are known to the plaintiffs, inclu…

(735 ILCS 5/17-103) (from Ch. 110, par. 17-103) Sec. 17-103. Parties defendant. Every person having any interest, whether in possession or otherwise, who is not a plaintiff shall be made a defendant in such complaint. (Source: P.A. 82-280.)

(735 ILCS 5/17-104) (from Ch. 110, par. 17-104) Sec. 17-104. Unknown parties. When there are any persons interested in the premises whose names are unknown, or the share or quantity of interest of any of the parties is unknown to the plaintiff, or such share or interest is uncert…

(735 ILCS 5/17-105) (from Ch. 110, par. 17-105) Sec. 17-105. Judgment. The court shall ascertain and declare the rights, titles and interest of all the parties in such action, the plaintiffs as well as the defendants, and shall enter judgment according to the rights of the partie…

(735 ILCS 5/17-106) (from Ch. 110, par. 17-106) Sec. 17-106. Appointment of commissioner and surveyor. The court in its discretion, sua sponte, or on the motion of any interested party, must appoint a disinterested commissioner who, subject to direction by the court, shall report…

(735 ILCS 5/17-107) (from Ch. 110, par. 17-107) Sec. 17-107. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)

(735 ILCS 5/17-108) (from Ch. 110, par. 17-108) Sec. 17-108. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)

(735 ILCS 5/17-109) (from Ch. 110, par. 17-109) Sec. 17-109. (Repealed). (Source: P.A. 83-707. Repealed by P.A. 93-925, eff. 8-12-04.)

(735 ILCS 5/17-110) (from Ch. 110, par. 17-110) Sec. 17-110. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)

(735 ILCS 5/17-111) (from Ch. 110, par. 17-111) Sec. 17-111. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)

(735 ILCS 5/17-112) (from Ch. 110, par. 17-112) Sec. 17-112. Homestead. If any party to the action is entitled to an estate of homestead in the premises, or any part thereof, and the homestead has not been set off, the homestead may be set off by the court; and if the court so di…

(735 ILCS 5/17-113) (from Ch. 110, par. 17-113) Sec. 17-113. Election as to shares. Several parties interested in the premises may, if they so elect, have their shares set off together or in severalty. (Source: P.A. 82-280.)

(735 ILCS 5/17-114) (from Ch. 110, par. 17-114) Sec. 17-114. Liens. A person having a mortgage, attachment, or other lien on the share of a part owner shall be concluded by the judgment of partition so far as it relates to the partition and the assignment of the shares, but his o…

(735 ILCS 5/17-115) (from Ch. 110, par. 17-115) Sec. 17-115. Eviction by person with better title. If a person to whom any share has been allotted is evicted by a person who, at the time of the partition, had a title older and better than the title of those who were parties to th…

(735 ILCS 5/17-116) (from Ch. 110, par. 17-116) Sec. 17-116. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)

(735 ILCS 5/17-117) (from Ch. 110, par. 17-117) Sec. 17-117. (Repealed). (Source: P.A. 83-707. Repealed by P.A. 93-925, eff. 8-12-04.)

(735 ILCS 5/17-118) (from Ch. 110, par. 17-118) Sec. 17-118. Report of sale - Conveyances. The officer making such sale shall, within 10 days thereafter, file a report of his or her action in the office of the clerk of the court ordering such sale. The court may approve the repor…

(735 ILCS 5/17-119) (from Ch. 110, par. 17-119) Sec. 17-119. Distribution of proceeds. Upon the approval of the report by the court, the proceeds of the sale shall be distributed by the person making the sale, as directed by the court, to the persons entitled thereto, according t…

(735 ILCS 5/17-120) (from Ch. 110, par. 17-120) Sec. 17-120. Life estate or homestead. In case of sale the court may, with the consent of the person entitled to an estate for life, or for years, or of homestead, to the whole or any part of the premises, who is a party in the acti…

(735 ILCS 5/17-121) (from Ch. 110, par. 17-121) Sec. 17-121. Unknown owners. If the person entitled to any estate is unknown, the court may determine whether the estate shall be sold or not, as in case of persons under disability, and in the event of sale, make such order for the…

(735 ILCS 5/17-122) (from Ch. 110, par. 17-122) Sec. 17-122. Deposit of proceeds of sale. When a sale of premises is made, and no person appears to claim such portion of the money as may belong to any non-resident or person whose name is unknown, the court shall require such mone…

(735 ILCS 5/17-123) (from Ch. 110, par. 17-123) Sec. 17-123. Application for deposited money. When money is so deposited in the county treasury, the person or persons entitled to the same, may at any time apply to the court making the order of sale and obtain an order for the sam…

(735 ILCS 5/17-124) (from Ch. 110, par. 17-124) Sec. 17-124. Vesting title. In all actions for the partition of real estate, the court may: investigate and determine all questions of conflicting or controverted titles, and remove clouds upon the titles to any of the premises soug…

(735 ILCS 5/17-125) (from Ch. 110, par. 17-125) Sec. 17-125. Costs. In all proceedings for the partition of real estate, when the rights and interests of all the parties in interest are properly set forth in the complaint, the court shall apportion the costs among the parties in …

(735 ILCS 5/17-126) (from Ch. 110, par. 17-126) Sec. 17-126. Adjustment of rights after judgment. In any case where, after judgment of partition, and before division or sale is had (as the case may be), the parties in interest adjust the respective rights among themselves so that…

(735 ILCS 5/17-127) (from Ch. 110, par. 17-127) Sec. 17-127. Proceedings herein. Proceedings for partition shall be conducted in accordance with the provisions of Article XVII of this Act. (Source: P.A. 82-280.)

(735 ILCS 5/18-101) (from Ch. 110, par. 18-101) Sec. 18-101. Grounds. A proceeding in quo warranto may be brought in case: (1) Any person usurps, intrudes into, or unlawfully holds or executes any office, or franchise, or any office in any corporation created by authority of this…

(735 ILCS 5/18-102) (from Ch. 110, par. 18-102) Sec. 18-102. Parties. The proceeding shall be brought in the name of the People of the State of Illinois by the Attorney General or State's Attorney of the proper county, either of his or her own accord or at the instance of any ind…

(735 ILCS 5/18-103) (from Ch. 110, par. 18-103) Sec. 18-103. Pleadings. The People of the State of Illinois shall be deemed the plaintiff and the adverse parties shall be defendants, and the first pleading by the plaintiff shall be designated a complaint. The complaint need not s…

(735 ILCS 5/18-104) (from Ch. 110, par. 18-104) Sec. 18-104. Limitation. No action shall be brought by quo warranto, or otherwise, questioning the legality of the organization of any county, city, village, incorporated town, township, school district, park district, road district…

(735 ILCS 5/18-105) (from Ch. 110, par. 18-105) Sec. 18-105. Security for costs. When the action is brought by any citizen on his or her own relation, as above provided, he or she shall file security for costs to be approved by the clerk, at the time the complaint is filed. (Sour…

(735 ILCS 5/18-106) (from Ch. 110, par. 18-106) Sec. 18-106. Summons - Appearance. Upon the filing of the complaint, the clerk of court shall issue a summons, in like form, as near as may be, as summons in other civil cases. The summons shall be made returnable within a time desi…

(735 ILCS 5/18-107) (from Ch. 110, par. 18-107) Sec. 18-107. Seeking wrong remedy not fatal. Where relief is sought under Article XVIII of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff h…