Bryant v. Vix

Citations

• 83 Ill. 11

Syllabus

<p>1. Chattel mortgage—assignee takes subject to defenses. The privilege of exemption, from defense which belongs to a negotiable promissory note in the hands of an innocent holder, for value, taking it before maturity, does not attach to a mortgage given to secure the payment of the note, but he takes the mortgage subject to the existing equities of the mortgagor, and as respects the mortgage, the mortgagor may make .the same defense against such holder of the note as against the mortgagee himself.</p> <p>3. Amendment—of decrree without notice. A material amendment of a decree, at a subsequent term of court, without notice to the opposite party, is unauthorized and erroneous.</p>