Daub v. Englebach

Citations

• 109 Ill. 267

Syllabus

<p>1. Evidence—former answer in chancery, which has been withdrawn— admissions therein. An original answer filed by defendants in a bill to foreclose a mortgage, admitting that the mortgage was made on the land for which it was foreclosed, is legitimate evidence to be considered by the court, whether it was sworn to or not, and it matters not that it was withdrawn from the files when a second answer was filed. It is like a letter or other statement in writing admitting a fact.</p> <p>2. Purchaser subject to incumbrance—whether liable to pay the mortgage debt. A person who purchases land, and agrees to pay off an incumbrance on the same as a part of the purchase price, is liable to the holder of the lien for the sum due him.</p> <p>3. Same—effect of an alteration in the mortgage, as to liability of the purchaser. Where one purchases land subject to a mortgage given by his grantor, which he is to pay, he will be liable to pay the mortgage debt, even though the mortgage may be rendered void by an alteration, as, another tract of land being included therein.</p>