Cheney v. Patton

Citations

• 144 Ill. 373

Syllabus

<p>1, Former adjudication — decree conclusive on parties in interest and those under them, as to all matters involved. Where a bill in chancery is prosecuted in the name- of one, at the instance or for the benefit of another, the adjudication or decree entered therein will be conclusive as to the latter, not only as to what was determined in such suit, but also as to all other matters involved which might have been raised and determined in it. The decree will equally bind one acquiring title, after such suit, in the subject-matter of the suit.</p> <p>3. The real party in interest to an action or bill in chancery, whether brought in his name or in the name of another for his use and benefit, with his knowledge and consent, will be bound by the judgment or decree rendered in the case.</p> <p>3. Same — plea, held good. To a bill to foreclose a second mortgage one of the defendants pleaded a former decree dismissing a bill to foreclose the sapie mortgage filed by another person, and alleged that, before the filing of the first bill, the complainant in the last bill assigned and transferred the notes and mortgage to the complainant in the first bill; that the latter had notice of the filing of the prior bill and of the pendency of that suit; that the prior suit was prosecuted with the knowledge and consent of the latter and in his interest and for his benefit; and that after the commencement of such prior suit the complainant in the last bill acquired from the complainant in the first bill, and was reinvested with the legal title to, said notes and mortgage and was in privity with him: Held, that the plea was a bar to the second suit.</p> <p>4. The question in every such case must be, was the party sought to be concluded the real party in the action pleaded in bar, and if he was, whether the action was openly so conducted, or his connection therewith concealed, is immaterial.</p>