Rodman v. Quick
Illinois Supreme Court
Appeal from the Circuit Court of Lake county; the Hon. C. H. Donnelly, Judge, presiding. This is a bill filed by appellant, Martha A. Rodman, the legal owner and holder of a note secured by trust deed, to redeem from a prior mortgage made to Martha A. Quick, both upon the same farm located in Lake county, and which prior mortgage was foreclosed without appellant being made a party to the proceeding.
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Appeal from the Circuit Court of Lake county; the Hon. C. H. Donnelly, Judge, presiding. This is a bill filed by appellant, Martha A. Rodman, the legal owner and holder of a note secured by trust deed, to redeem from a prior mortgage made to Martha A. Quick, both upon the same farm located in Lake county, and which prior mortgage was foreclosed without appellant being made a party to the proceeding. The Central Safety Deposit Company was also made a party defendant to the bill and filed a cross-bill, in which it prayed to redeem from the Quick mortgage. Other parties were made defendants to…
1Opinion of the CourtChief Justice Ricks
It would seem to be well settled that a foreclosure proceeding to which the mortgagor or person having an equity of redemption is not made a party is, as to such person, a mere nullity. (Bradley v. Snyder, 14 Ill. 263; Ohling v. Luitjens, 32 id. 23; Dunlap v. Wilson, 32 id. 517; Cutter v. Jones, 52 id. 84; Jeneson v. Jeneson, 66 id. 259; Rose v. Walk, 149 id. 60; Gage v. Brewster, 31 N. Y. 218; Vroom v. Ditmas, 4 Paige, 526; Gaskell v. Viquesney, 122 Ind. 244; 23 N. E. Rep. 791.) Appellant was not made a party to the foreclosure proceedings under the Quick mortgage, and the fact that Weddell,…
2Cases cited19 opinions
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Hosford v. JohnsonIndiana Supreme Court · 1881
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Vroom v. DitmasNew York Court of Chancery · 1834
- Chicago & Great Western Railroad Land Co. v. PeckIllinois Supreme Court · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Pelouze v. SlaughterIllinois Supreme Court · 1909
- Rogers v. BartonIllinois Supreme Court · 1944
- Baldi v. Chicago Title & Trust Co.Appellate Court of Illinois · 1983
- Odell v. LevyIllinois Supreme Court · 1923
- Tinkoff v. GoldCourt of Appeals for the Seventh Circuit · 1944
18 more not listed; retrieve them via the Exa API.