Conwell v. McCowan

Citations

• 53 Ill. 363

Syllabus

<p>1. Costs on foreclosure—solicitor’s fees. In a decree of foreclosure of a mortgage, it is error to allow for money advanced by and for fees of the solicitor, such allowances not being statutory fees or charges.</p> <p>2. Surety—of his rights before he is damnified. Where the principal debtor executes to the payee of a note on which there is personal security, a mortgage for further security, until the surety pays the debt he has no right to be subrogated to the rights of the mortgagee, and to have the mortgaged premises sold and the money paid to him.* </p> <p>3. Chancery—relief upon answer. Where the surety on a note secured by mortgage, brought suit for the purpose of obtaining a decree of foreclosure in his favor, and the payee filed an answer resisting the relief sought by the surety, but filed no cross bill nor asked for any relief: Held, it was error to decree a foreclosure for the benefit of the payee.</p>