Erickson v. Rafferty

Citations

• 79 Ill. 209

Syllabus

<p>1. Mistake — subsequent purchasers — when chargeable with notice. Where land in a mortgage was, by mistake, described in the mortgage as being on section 18, instead of on section 21, and the mortgage was so recorded, and a brother of the mortgagor afterwards purchased the land, and took a deed for it by its right description, and sold it to a third part}', both of them living near the mortgagor and know, ing that he owned no such land on section 18 as was described in the mortgage, and each of them having been informed by a son of the mortgagee that he had a mortgage on the land purchased b)' him previous to his purchasing, it was held, on a bill tiled to reform and foreclose the mortgage, that these facts were sufficient to put both the brother of the mortgagor and the purchaser from him, on inquiry, which, if properly pursued, would have brought the real facts before them, and that they were chargeable with notice of them.</p> <p>2. Remedies in favor of a mortgagee. The fact that a mortgagee has obtained a judgment on a scire facias issued on the record of his mortgage, and that there is a special execution issued thereon, still in the hands of the sheriff, is no defense to a bill tiled to foreclose the same mortgage. A mortgagee has several distinct remedies, and can pursue them all at the same time, but can have but one satisfaction.</p> <p>8. Amendment of bill and answer in chancery—making new parties. Where the answer of a defendant to a bill to foreclose and reform a mortgage states that a purchaser of the equity of redemption had sold and conveyed the land to him b)r deed, and the evidence shows that there was no such deed executed, but only a bond for a deed, and it appears, from affidavits accompanying a motion for leave to amend his answer to conform to the evidence, that there are other persons, not parties to the suit, claiming a portion of the land by purchase from the mortgagor, the court should permit the answer to be amended, and the bill also,