Lietze v. Clabaugh

Citations

• 59 Ill. 136

Syllabus

<p>Parties—in chancery—when new party disclosed, necessity of amending bid. A, being the equitable owner of the first of two promissory notes, secured by a mortgage, filed a bill to procure a sale of the mortgaged premises, making B a defendant, and alleging that the second note liad been assigned to him, that he had obtained judgment on it, and sold and bid in the mortgaged premises under his judgment. B answered, setting up that in doing this he was acting merely as agent for C, to whom the note, judgment and certificate of purchase belonged and had been assigned: Held, the interest of C, in the subject matter of the litigation being thus disclosed, the complainant should have amended his bill and made him a party, and to proceed to final decree without giving him an opportunity to protect his interests, was error for which the decree should be reversed.</p>