Chandler v. O'Neil
Appellate Court of Illinois
Foreclosure of a Trust Deed.—Appeal from the Circuit Court of Cook County; the Hon. Richards. Tuthill, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This was a bill to foreclose a trust deed. The bill was filed by the holder of certain coupon notes only. The holder of the principal note ivas not made a party. A demurrer to the bill was sustained.
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Foreclosure of a Trust Deed.—Appeal from the Circuit Court of Cook County; the Hon. Richards. Tuthill, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This was a bill to foreclose a trust deed. The bill was filed by the holder of certain coupon notes only. The holder of the principal note ivas not made a party. A demurrer to the bill was sustained. The following questions are presented : 1. Whether the owner or holder of the first two coupon notes are necessary parties to the bill. 2. Whether the owner or holder of the principal note mentioned in the…
1Opinion of the CourtJustice Waterman
In this State the different installments of a mortgage, secured by corresponding notes, may be regarded as so many successive mortgages, each installment having priority according to its time of becoming due. Schultz v. Plankinton Bank, 141 Ill. 116-121.
The holder of a mortgage, filing a bill to foreclose the same, need not make other mortgagees parties; the rights of those whose mortgages have precedence over his, he can not disturb, and his bill will affect the rights of only such subsequent mortgagees as he makes parties to his suit; they are proper, but not necessary, parties. Boyer v.…
2Cases cited5 opinions
- Corcoran v. Chesapeake and Ohio Canal Co.Supreme Court of the United States · 1877
- Boyer v. ChandlerIllinois Supreme Court · 1896
- Schultz v. Plankinton BankIllinois Supreme Court · 1892
- Executors of Brasher v. Van CortlandtNew York Court of Chancery · 1816
- Walsh v. TruesdellAppellate Court of Illinois · 1878
3Cited by4 opinions
- Baldi v. Chicago Title & Trust Co.Appellate Court of Illinois · 1983
- North Avenue Building v. HuberAppellate Court of Illinois · 1914
- Long v. CoffmanAppellate Court of Illinois · 1924
- Schlatt v. JohnsonAppellate Court of Illinois · 1899