Glover v. Benjamin

Citations

• 73 Ill. 42

Syllabus

<p>1. Estoppel—to complain of decree not protecting pa/rty’s interest. Where a decree is rendered in a cause which properly protects a party’s interest in the premises, and he causes the same to be reversed on the ground of its being in his favor, and rendered without his consent, he will have no cause of complaint if the second decree fails to protect him. After repudiating the relief granted him, he will be estopped from insisting on the same relief.</p> <p>3. Decebe—whether personal or alternative. A decree on the foreclosure of a mortgage which finds the sum due from the mortgagee, and requires a subsequent purchaser to pay the same by a day named, and, if he does not, that the mortgaged premises be sold, is not a personal decree against the mortgagee, but is in effect an alternative one, and is not erroneous.</p>