McIntyre v. Yates
Illinois Supreme Court
Writ of Error to the Circuit Court of Peoria county. This was a suit in chancery to foreclose certain mortgages, in respect to which there was a question as to priority. One of the mortgagees also sought to have his mortgage reformed in respect to the omission of a tract of land which was intended to be included therein. About this alleged mistake there was no controversy.
1Opinion of the Court
Scholfield, J.:
The bill is filed to foreclose a mortgage. Questions are raised by the answer and by cross-bill with regard to the priority of this and certain other mortgages. We have held in several cases that the mere filing of a bill to foreclose a mortgage does not involve a freehold so as to give this court jurisdiction. The only respect in which this case differs from the other cases is, -that in addition to the bill to foreclose, it is sought to correct a mistake (about which there was no "-controversy) in the mortgage. It is impossible to see how this changes the principle. When the…
2Cited by4 opinions
- Dunlap v. MyersIllinois Supreme Court · 1927
- Gage v. PeaseIllinois Supreme Court · 1883
- Moloney v. FigenbaumIllinois Supreme Court · 1917
- State ex rel. Dillman v. WeideSouth Dakota Supreme Court · 1912