Winkelman v. Kiser
Illinois Supreme Court
This was a suit in chancery, brought in the Monroe Circuit Court, at the May term thereof, 1861, by Mathias Kiser, who sued for the use of Noah B. Harlow, against Nicholas Kiser and William Winkelman, to foreclose a mortgage, made by Nicholas Kiser to Mathias Kiser, dated September 7th, 1858, to secure to said Mathias Kiser the payment of a certain promissory note of that date. Said mortgage conveyed certain town lots in the town of Harrisonville in said county.
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This was a suit in chancery, brought in the Monroe Circuit Court, at the May term thereof, 1861, by Mathias Kiser, who sued for the use of Noah B. Harlow, against Nicholas Kiser and William Winkelman, to foreclose a mortgage, made by Nicholas Kiser to Mathias Kiser, dated September 7th, 1858, to secure to said Mathias Kiser the payment of a certain promissory note of that date. Said mortgage conveyed certain town lots in the town of Harrisonville in said county. Winkelman claims said lands by a title subsequent to said mortgage. Said bill prays for a foreclosure and sale of the premises in…
1Opinion of the CourtWalker, J.
It is urged that this bill was improperly exhibited in the name of Mathias Kiser for the use of Harlow. Whilst it is true that the person holding the beneficial interest should be made the complainant, we are not prepared to hold, that when the use is declared, that the suit should be dis-. missed, if the bill should be amended by striking out the name of the nominal complainant, and let it proceed in the name of the person having the beneficial interest. To permit an amendment to that extent, at any stage of the proceeding, would produce no injury to any party to the record.
The bill alleges…
2Cited by9 opinions
- Gordon v. JohnsonIllinois Supreme Court · 1900
- Hills v. McMunnIllinois Supreme Court · 1908
- Elder v. JonesIllinois Supreme Court · 1877
- Irish v. SharpIllinois Supreme Court · 1878
- Huff v. FulkAppellate Court of Illinois · 1948
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