Sullivan v. Abbott

Dunn, J., and DeYoung, C. J.,

dissenting:

In our judgment this court has no jurisdiction of this cause and it should be transferred to the Appellate Court. A suit for the foreclosure of a mortgage does not involve a freehold, and this case is no exception to the rule. (Farmers State Bank v. Fast, 329 Ill. 601.) The only object of the suit was to enforce the lien on the land. There was no issue in regard to the title. Both parties claimed through Emerson — Abbott as the owner of the fee and Sullivan as a mortgagee. The pleadings did not put Abbott’s title in issue. The bill did not question his…