Humphreys v. Allen

Citations

• 100 Ill. 511
• 1881 Ill. LEXIS 136

Syllabus

<p>1. Fobeolosube—right to fund arising from sale on foreclosure. Where a decree for the foreclosure of a mortgage on railroad property, and a sale, provides that the proceeds of the sale shall be brought into court to await the further order of the court as to its distribution, saving the rights of all persons in the fund for future determination, a party may, on petition, after such sale and before a distribution is made, have an order to pay him out of the fund any moneys to which he may be entitled as having been advanced to save the mortgaged property from levy and sale for taxes due thereon, which were a prior lien, before payment to the other creditors.</p> <p>2. Same—taxes paid by mortgagee to save property from sale. Where a deed of trust on railroad property provides that the mortgagor shall pay the taxes on the property, a creditor secured by the trust deed may, as a mortgagee, pay such taxes when the mortgagor fails to pay the same, and in such case he will, as to the taxes so paid, have a prior lien in equity upon the mortgaged premises or on the fund arising from their sale on foreclosure.</p> <p>3. Practice—objection to evidence for vndefiniteness and want of particularity. The objection to a party’s testimony as to the taxes paid by him upon railroad property, giving only the sums paid and when paid, that it is not sufficiently definite, in failing to show the amount of the taxes due and paid to the collector of each county through which the road was located, and for want of the production of the tax receipts, will not avail when the party objecting, on the cross-examination, fails to call for a detailed statement and for the tax receipts.</p> <p>4. Beheabing in chanoeby—not allowed if party is chargeable with negligence. A rehearing ■will not be granted in a chancery cause to a defendant, when, by the exercise of proper diligence, he might have produced all the facts on the hearing, relied on in support of the motion, nor when the application fails