DeLeuw v. Neely

Citations

• 71 Ill. 473

Syllabus

<p>1. Chancery—effect of a decree pro confesso. A decree pro confesso only concludes a party as to the averments in the bill, and does not amount to a confession of any fact not alleged in it.</p> <p>2. Same—decree can not be rendered for that which is neither alleged nor shown to exist. On a bill to foreclose a mortgage in which there is no allegation or prayer m regard to taxes, and where there is no proof that there are any unpaid taxes on the premises, it is error to decree a sale with directions to the master to apply an;- of the proceeds of such sale to the payment of any unpaid taxes which are a lien on the premises.</p> <p>3. Master in chancery. The court has no authority, in a decree of foreclosure of a mortgage, to invest the master in chancery with power, in the nature of judicial duties, to adjudicate upon the amount or legality of such taxes as he may discover on the collector’s book against the mortgaged premises. These are strictly judicial questions, and can only be settled by the court, whilst the duties of the master in chancery are strictly of a ministerial character.</p> <p>4. Foreclosure on mortgage—decree may cover taxes paid by mortgagee. Where it is alleged, in a bill to foreclose a mortgage, that the mortgagee has paid taxes assessed on the mortgaged property, to protect his security, it is competent, under a prayer for general relief, for the court to decree relief as to such taxes.</p>