Herrington v. McCollum

Citations

• 73 Ill. 476

Syllabus

<p>1. Trust deed—notes secured by, to be paid, according to priority of maturity. Where several promissory notes, maturing at different times, are secured by deed of trust, they are entitled to satisfaction out of the security according to the priority of their maturity.</p> <p>2. Practice—ialien objection that cause toas reinstated without notice is waived. Where a cause, which had been dismissed, was reinstated, and the parties appeared-at all subsequent proceedings, and followed the case to the Supreme Court, and made no objection that the mise was reinstated without notice until after the case was remanded from the Supieme Court, it was held, the right to raise that objection was waived. \\</p> <p>3. Parol evidence—to impeach a record. Wii'U’ a a<'i ird, the existence of which is not disputed, is offered in evidence, .'¡l <v> 'ions relating to the time when it was in fact made, on what authority ...adu, and whether its recitals are true or not, must be settled by reference to it alone, and pa-ol f evidence is not admissible to impeach it.</p> <p>4. Lis pendens—not applicable to purchaser intervening dismissal and revival of, a suit. Where a suit at law is dismissed, or the plaintiff suffers a non-suit, or, if in chancery, the bill is dismissed for want of prosecution,’ or for any other cause not on the merits, although in all such cases a new action could be brought, it could not affect the purchaser during the pen-, dcncy of the first suit; and where a suit is dismissed and afterwards reinstated, the doctrine of lis pendens is not applicable to one who purchases)1 after the dismissal and before the revival of the suit.</p> <p>5. Notice—when client not chm'geable with notice of facts hnown to his attorney. A party is not chargeable with notice of facts within the knowledge of his attorney, of which the latter acquired knowledge while acting as the attorney of another person.</p>