Booth v. Wiley

Citations

• 102 Ill. 84
• 1882 Ill. LEXIS 9

Syllabus

<p>1. Amendment of bill in chancery—after the hearing—discretion. Under section 37 of the Chancery Code the circuit court is invested with discretionary power to allow an amendment to a bill in chancery, on such terms as it may deem proper, after the hearing of the evidence, and arguments of counsel, and the announcement of its intended decision, but before any decree is signed and entered, and in the absence of evidence of an abuse of such discretion, its exercise is not the subject of review.</p> <p>2. Same—of the proper terms to be imposed. Such amendments will only be allowed when, or on such terms as that, no undue advantage will thereby be obtained over the opposite party, and upon payment of the costs occasioned thereby.</p> <p>3. Same—whether affidavit required, as to grounds of application. There is no necessity of an affidavit for the allowance of an amendment to a bill after the hearing, when the court is satisfied that the evidence before it will make a case under a bill differently framed, and when such an amendment is allowed without affidavit it will be presumed the court was so satisfied.</p> <p>4l. Extension of time of payment—whether the agreement binding— consideration. An assurance by the holder of a note secured by a deed of trust, or his agent, to the purchaser from the mortgagor, that if the latter would keep the interest paid there would be no sale of the property, the person to whom such assurance is given assuming no express liability to pay the interest, and there being no agreement on behalf of the holder of the note to extend the time of payment for any definite period, does not amount to a contract to extend the time of payment, and the payment of the interest being no more than the holder was entitled to, creates no valid consideration for a promise to extend the time of payment.</p> <p>5. Mortgages—as to time of sale under power in mortgage—rights of purchaser from mortgagor. There being no privity between the purchaser of mortgaged p