Briscoe v. Power

Citations

• 85 Ill. 420

Syllabus

<p>1. Former suit—when not a bar. In a suit hy a party having purchased the west half of a tract of land, against the purchaser of the east half thereof, to compel the latter to contribute his pro rata share of money paid by the complainant to satisfy a deed of trust given by a former owner on the whole tract, and to subject his part of the land to its payment, the fact that the defendant, before the filing of the bill, had brought suit to foreclose a mortgage on the west half of the land, in which the complainant in the later suit was a defendant, will present no bar to the last suit.</p> <p>2. Contribution—of burden among land owners. Where a tract of land is sold by the owner, subject to a deed of trust thereon, one-half to the. defendant and the other half to the complainant, each to pay his pro rata share of the incumbrance, if the complainant is compelled to pay more than his share of the debt, to protect his own land, a court of equity will compel the defendant to pay him the amount justly due from him to the complainant, and make the decree a lien on his part of the land.</p> <p>3. Parties in chancery—trustees in trust deed. Where a party is compelled to pay off a debt secured by deed of trust on his and another’s land, and the same is released, in a suit to adjust the equities between such party and the other land owner, the trustees in the trust deed are not necessary parties, as they have no interest to be affected.</p>