Dupuy v. Gibson

Citations

• 36 Ill. 197

Syllabus

<p>1. Practice — dismissal of bul on motion, irregular. The practice, in courts of equity, does not warrant the dismissal of a bill for the want of equity on a mere motion; although not ground of reversal, it is irregular.</p> <p>2. Bill — to redeem from, a pledge or chattel mortgage. Numerous cases hold that a bill may be filed to redeem a pledge, or chattels mortgaged, and this may be done in some cases, although the condition in the chattel mortgage has not been performed.</p> <p>3. Foreclosure—of chattel mortgage by bill. In cases where there are successive liens or incumbrances, on the mortgaged property, and when it would be equitable that accounts should be taken, and the fund distributed, a bill may be maintained, to foreclose a chattel mortgage; but when the amount is small, or when there are no adverse claims, under other mortgages or liens on the property, no reason would exist for such a foreclosure.</p>