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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/17-109
(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(Repealed).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 Repealed by P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-110
(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(Repealed).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 Repealed by P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-111
(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(Repealed).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 Repealed by P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-112
(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 directs, the premises so allotted or set off may be partitioned
among the claimants, subject thereto.
(Source: P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-113
(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.)
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735 ILCS 5/17-114
(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 or her lien shall remain in full force upon the part assigned
to or left for such part owner.
(Source: P.A. 82-280.)
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735 ILCS 5/17-115
(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 the action, the person
evicted may have a new partition of the residue as if no partition had
been made, if such new partition can be justly made, or he or she may have
contribution from the others, so as to make his or her share just and
proportional with the others, according to the rights in the premises.
(Source: P.A. 82-280.)
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735 ILCS 5/17-116
(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.)
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735 ILCS 5/17-117
(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.)
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735 ILCS 5/17-118
(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 report and confirm
the sale reported if no objections have been filed or may disapprove the
sale and order the real estate to be resold; if objections have been
filed to the report, the court may at once proceed to hear such
objections and sustain or overrule them.
Upon confirmation of the sale, the person making the sale or some
person specially appointed shall execute and deliver to the purchaser
proper conveyances, taking in case of sale on credit, security as
required by the judgment. These conveyances shall operate as an
effectual bar against all parties and privies to the proceedings and all
persons claiming under them.
(Source: P.A. 82-280.)
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735 ILCS 5/17-119
(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 to their interests,
or, in appropriate cases, to the persons and in the amounts and manner
as now or hereafter provided in the applicable sections of the Probate
Act of 1975, as amended, relating to small estates.
(Source: P.A. 82-280.)
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735 ILCS 5/17-120
(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 action, sell such
estate with the rest. Such consent shall be in writing, signed by
such person, and filed in the court wherein the proceedings for
partition are pending.
If such persons are incapable of giving consent, the court may
determine, taking into consideration the interests of all parties, whether such
estate ought to be excluded from the sale or sold.
When such interest is sold, the value thereof may be ascertained
and paid over in gross, or the proper proportion of the funds invested,
and the income paid over to the party entitled thereto, during the
continuance of the estate.
(Source: P.A. 82-280.)
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735 ILCS 5/17-121
(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 protection of the rights of such person, in the same manner, as far
as may be, as if the person were known and had appeared.
(Source: P.A. 82-280.)
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735 ILCS 5/17-122
(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 money to be
deposited in the county treasury, subject to the further order of the
court. All money so required to be deposited shall be received by the
county treasurer and paid upon the order of the court.
(Source: P.A. 82-280.)
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735 ILCS 5/17-123
(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 same upon
making satisfactory proof to the court of his or her right thereto.
(Source: P.A. 82-280.)
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735 ILCS 5/17-124
(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 sought to be partitioned; vest titles, by its order, in the
parties to whom the premises are allotted, without the forms of
conveyances by minors or unknown heirs or other parties to the action;
order a sale of the premises for the purpose of dividing the premises in
proper cases, and by its order, vest the purchaser with title, and
apportion incumbrances among the parties to whom the incumbered premises
are allotted.
(Source: P.A. 84-1308.)
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735 ILCS 5/17-125
(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 interest in the action, including the necessary expense of
procuring such evidence of title to the real estate as is usual and
customary for making sales of real estate, and a reasonable fee for
plaintiff's attorney, so that each party shall pay his or her equitable
portion thereof, unless the defendants, or some of them, interpose
a good and substantial defense to the complaint. In such case the party
or parties making such substantial defense shall recover their costs
against the plaintiff according to justice and equity.
(Source: P.A. 82-280.)
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735 ILCS 5/17-126
(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 further
proceedings leading to such actual division or sale become unnecessary,
an order shall be entered terminating further proceedings, whereupon
the judgment of partition shall remain in full force and effect to
determine the rights and interests of the parties as adjudicated
therein, and there shall be no judicial division or sale of the
premises, rights or interests pursuant to such judgment.
(Source: P.A. 82-280.)
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735 ILCS 5/17-127
(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.)
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735 ILCS 5/Art. XVIII
(735 ILCS 5/Art. XVIII heading)
ARTICLE XVIII
QUO WARRANTO
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735 ILCS 5/18-101
(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 State;
(2) Any person holds or claims to hold or exercise any
privilege, exemption or license which has been improperly or without
warrant of law issued or granted by any officer, board, commissioner,
court, or other person or persons authorized or empowered by law to
grant or issue such privilege, exemption or license;
(3) Any public officer has done, or allowed any act which by
the provisions of law, works a forfeiture of his or her office;
(4) Any association or number of persons act within this State
as a corporation without being legally incorporated;
(5) Any corporation does or omits to do any act which amounts to a
surrender or forfeiture of its rights and privileges as a corporation,
or exercises powers not conferred by law;
(6) Any railroad company doing business in this State
charges an extortionate rate for the transportation of any freight or
passenger, or makes any unjust discrimination in the rate of
freight or passenger tariff over or upon its railroad.
(Source: P.A. 82-280.)
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735 ILCS 5/18-102
(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
individual relator; or by any citizen having an interest in the question
on his or her own relation, when he or she has requested the Attorney General and
State's Attorney to bring the same, and the Attorney General and State's
Attorney have refused or failed to do so, and when, after notice to the
Attorney General and State's Attorney, and to the adverse party, of the
intended application, leave has been granted by the circuit court.
(Source: P.A. 82-280.)
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735 ILCS 5/18-103
(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 set forth the basis of the challenge, but may in general terms
allege that the defendant is exercising the claimed right without lawful
authority and call upon the defendant to show by what warrant he,
she or it exercises it, and if more than one ground exists they may all be joined
in one count.
When the complaint is filed by a citizen on his or her own relation, it
shall be alleged therein that his or her requests of the Attorney General and
the State's Attorney, respectively, to bring the action, have been
refused, or that they have failed to act, as the case may be, and that
leave of court to file the complaint has been granted as
provided in Article XVIII of this Act.
The several rights of diverse parties to the same office or
franchise, privilege, exemption or license, may properly be determined
in one action, and all such persons may be joined in the same complaint,
in order to try their respective rights to such office, franchise,
privilege, exemption or license; but the court, in its discretion, may
order separate trials when convenience in the determination of any of
such rights so requires. No matters not germane to the
distinctive purpose of the proceeding shall be introduced by joinder,
counterclaim or otherwise.
If the plaintiff elects to set forth expressly in the complaint the
grounds for an attack on the defendant's claimed right, the defendant
may answer the complaint or present a motion directed thereto as in
other civil actions, but if the complaint is in general terms, as
provided in Article XVIII of this Act, the defendant shall by answer disclaim
or justify,
and, if the defendant justifies, shall set out the facts which show the lawful
authority to exercise the right claimed. The plaintiff may reply to the
answer or present a motion directed thereto as in other civil cases.
(Source: P.A. 82-280.)
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735 ILCS 5/18-104
(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, drainage district, sanitary district, authority or any other
municipal corporation or political subdivision in the State of Illinois
after such municipal corporation or political subdivision has been in de
facto existence for a period of 3 years.
(Source: P.A. 82-280.)
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735 ILCS 5/18-105
(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.
(Source: P.A. 82-280.)
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735 ILCS 5/18-106
(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 designated
by the plaintiff not less than 5 nor more than 30 days
after the service of the summons. Every defendant who is served with
summons shall answer or otherwise appear on or before the
return day of the summons, unless the time for doing so is extended by the court.
If the defendant fails to do so, judgment may
be entered against the defendant. Reply to or motion directed against
the answer may be filed by the plaintiff within 5 days after
the last day allowed for the filing of the answer, unless the time for doing
so is extended by the court.
(Source: P.A. 83-357.)
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735 ILCS 5/18-107
(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 has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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735 ILCS 5/18-108
(735 ILCS 5/18-108) (from Ch. 110, par. 18-108)
Sec. 18-108.
Judgment.
The court shall determine and adjudge
the rights of all
parties to the proceeding. In case any person or corporation against
whom such complaint is filed is adjudged guilty as charged in the
complaint, the court may enter judgment of ouster against such person
or corporation from the office or franchise, and fine such person or
corporation, and also enter judgment in favor of the relator for the
cost of the prosecution. Instead of entering judgment of ouster
from a franchise for an abuse thereof, the court may fine the person or
corporation found guilty in any sum not exceeding $25,000.00 for each
offense. When judgment is entered in favor of any defendant, such defendant
shall recover costs against the relator.
(Source: P.A. 83-707.)
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735 ILCS 5/Art. XIX
(735 ILCS 5/Art. XIX heading)
ARTICLE XIX
REPLEVIN
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735 ILCS 5/19-101
(735 ILCS 5/19-101) (from Ch. 110, par. 19-101)
Sec. 19-101.
When brought.
Whenever any goods or chattels have been wrongfully
distrained, or otherwise wrongfully taken or are wrongfully
detained, an action of replevin may be brought for the recovery of such
goods or chattels, by the owner or person entitled to their possession.
(Source: P.A. 82-280.)
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