Gaytes v. Franklin Savings Bank

Citations

• 85 Ill. 256

Syllabus

<p>1. Parties—specific performance. Where property is sold by a trustee under a power in a deed of trust given to secure the holders of bonds and coupons, and the purchaser files a bill for specific performance to compel the trustee to execute a deed, 'the holders of the bonds, being the real parties in interest, are indispensable parties.</p> <p>3. Decbee—who hound hy. No one is bound by a decree in a suit to which he is not a party, nor by a decree against another part)', although acting in his behalf, who has no real interest in the subject matter of the litigation.</p> <p>3. Opening decree—in favor of one not made a party. Where a decree is rendered affecting the interest of one not made a party, and he files a bill, whether of review on account of want of necessary parties, or as a bill for general relief, the original decree may be opened, and such party let in to defend as though he had been made a party defendant, but this is all the relief he is entitled to.</p>