Wellington v. Heermans
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on writ of error to the Circuit Court of Lake county; the Hon. Charles Kellum, Judge, presiding.
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Appeal from the Appellate Court for the Second District;— heard in that court on writ of error to the Circuit Court of Lake county; the Hon. Charles Kellum, Judge, presiding. This was a bill in the nature of a bill of review, filed in the circuit court of Lake county, on March 22, 1878, by the appellant, Quincy W. Wellington, against John Heermans, since deceased, and the other appellees, seeking to review a decree of said circuit court rendered at the March term, 1876, in a case of a bill filed by said Heermans to foreclose a certain mortgage, and asking that appellant be decreed to be the…
1Opinion of the CourtJustice Walker
It is first urged by appellant, that in the suit by Heermans to foreclose the mortgage, Hill, who claimed to own it, was not made a party, and is therefore not bound by the decree, and may impeach it because Heermans did not own the mortgage,—that Hill was an indispensable party, and he has the right to. foreclose the mortgage, precisely as though no decree had been rendered. But in answer to this position it is urged that Hill was made a party by the language, “unknown owners and others.” The seventh section of the Chancery act provides : “In all suits in chancery, and suits to obtain title…
2Cases cited2 opinions
- Lyon v. RobbinsIllinois Supreme Court · 1867
- Sale v. FikeIllinois Supreme Court · 1870
3Cited by9 opinions
- Busby v. MausIllinois Supreme Court · 1920
- Robbins v. SlavinAppellate Court of Illinois · 1937
- Jacobson v. PattersonAppellate Court of Illinois · 1914
- McCormick v. HigginsAppellate Court of Illinois · 1914
- Manufacturers Paper Co. v. LindblomAppellate Court of Illinois · 1897
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