Fergus v. Tinkham

Citations

• 38 Ill. 407

Syllabus

<p>1. Notice by publication—who caw object to its insufficiency. Where one of several defendants in chancery is a non-resident, and there is, as to him, only notice by publication, he alone can object that the publication was insufficient.</p> <p>2. Proof unnecessary—when facts are admitted in the pleadings. In a suit in chancery to foreclose a mortgage, if the mortgagor admits the execution of the mortgage, it becomes unnecessary to prove that fact.</p> <p>3. A recovery—must correspond with the allegations. In a bill to foreclose a mortgage the complainant claimed interest only from January, 1860, to July, 1861, while by the decree he recovered for seventeen days in December, 1859, amounting to sixty dollars, which he did not claim in his bill. The decree was held to be erroneous. The complainant could not recover beyond the allegations in his bill.</p>