Dillman v. Will County National Bank

Citations

• 138 Ill. 282
• 27 N.E. 1090

Syllabus

<p>1. Chancery—relief upon answer—adjusting priority of liens—on foreclosure. A mortgagee, on foreclosure, has the right to have the priority of the liens upon the property determined under his bill, and .a decree of their payment in their order, without any cross-bill by the other lienholders, as a necessary incident to the relief sought by the mortgagee.</p> <p>2. Same—affirmative relief on answer of creditor. On bill to foreclose a mortgage against the mortgagor and a judgment creditor, wherein the latter, by his answer, claimed priority of lien, the court, on decree of foreclosure, directed a sale, and the payment, first, of the costs; second, the sum due on the notes secured® by the mortgage; third, the amount due on the judgment; and lastly, the sum due the mortgagee for advances made under the mortgage : Held, that the relief to the judgment creditor was only incidental to and inseparable from the relief to the mortgagee, and was therefore necessarily allowable upon his answer alone.</p> <p>3. Homestead—commissioners to set off, how appointed—oath administered. Where a court of equity, in a suit to foreclose a mortgage, appoints commissioners to set off a homestead, it will have the power to direct that they take an oath for the performance of their duties before any officer empowered by law to administer oaths.</p>