Vogle v. Brown
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—. heard in that court on appeal from the Circuit Court of DeWitt county; the Hon. George W. Herdman, Judge, presiding. This was a proceeding commenced by Sylvanus Shurtleff, in the circuit court of DeWitt county, by bill in chancery, as purchaser of a portion of a tract of land on which there was an incumbrance, which he paid, against the owners of the-other portions of said incumbered tract, for contribution.
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Appeal from the Appellate Court for the Third District;—. heard in that court on appeal from the Circuit Court of DeWitt county; the Hon. George W. Herdman, Judge, presiding. This was a proceeding commenced by Sylvanus Shurtleff, in the circuit court of DeWitt county, by bill in chancery, as purchaser of a portion of a tract of land on which there was an incumbrance, which he paid, against the owners of the-other portions of said incumbered tract, for contribution. In March, 1871, John Adkisson died intestate, leaving surviving him, a widow, Corrilla Adkisson, and three sons, Thomas B.,…
1Opinion of the CourtJustice Sheldon
The decree of the circuit court was manifestly erroneous. Whatever the partition decree might have been, Brown, the real party in interest, would not have been bound thereby, he not having been made a party to the suit. (Scanlan v. Cobb, 85 Ill. 296.) And it was his right, notwithstanding that decree, to have Emery, the trustee, proceed, and make' sale of. the whole or any part- of the land covered by the trust deed, for its satisfaction. In thus performing his duty, under the trust deed, to Brown, in making such sale, Emery, although he was a party to the partition suit, would not have been…
2Cases cited1 opinion
- Scanlan v. CobbIllinois Supreme Court · 1877
3Cited by5 opinions
- Cheney v. RicksIllinois Supreme Court · 1897
- Finle v. FosterAppellate Court of Illinois · 1918
- Huber v. HessIllinois Supreme Court · 1901
- Moore v. ShurtleffIllinois Supreme Court · 1889
- Vogel v. ShurtliffAppellate Court of Illinois · 1888