Harvey v. Thornton
Illinois Supreme Court
The decree complained of was entered at November term, 1847, of the Sangamon Circuit Court, Treat, Justice, presiding.
1Opinion of the CourtTreat, C. J.
Pius mortgaged certain real estate to Thornton, and died intestate, without disposing of the equity of redemption. Thornton filed a bill against his administrator to foreclose the mortgage. The bill was taken for confessed, and a decree of foreclosure entered. The administrator brings the record into this court, and assigns for error that the heirs of the mortgagor were not made parties to the suit.
It was held in Lane v. Erskine, 13 Illinois, 501, that the heir is a necessary party in such a case. It was there said : “ On a bill to foreclose a mortgage, the mortgagor, unless he has assigned…
2Cited by9 opinions
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- Fell v. YoungIllinois Supreme Court · 1872
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