Gage v. Pease

Citations

• 107 Ill. 598
• 1883 Ill. LEXIS 301

Syllabus

<p>1. Arpead—in suit to foreclose. An appeal does not lie from a decree of the circuit court foreclosing a mortgage or deed of trust, directly to this court, where no adverse claim of title is set up in defence by any of the defendants.</p> <p>2. Pleading—allegations in amswer to bill to foreclose, construed. A person was made a defendant to a bill to foreclose a mortgage, under the allegation that he had, or claimed to have, some interest in the mortgaged premises, etc. In his answer he alleged that he held a tax title upon certain of the property, but did not claim title thereby, and then made a statement of the amount he was entitled to upon a redemption from the tax sale, and concluded by praying that his said statement be allowed: Held, that the answer did not set up any claim of title, but only sought to have allowed to him, out of the proceeds of the sale, such a sum as he would be entitled to on a redemption.</p>