Mansfield v. Hoagland

Citations

• 46 Ill. 359

Syllabus

<p>1. Assignment—assignee of an equity—when does not take it subject to the equities of third persons'. The assignee of an equity, for a valuable consideration, will be protected against the equities of third persons, of whose rights he had no notice.</p> <p>2. Default—in suits in chancery—effect of. In a suit in chancery, where a party voluntarily submits to a default, he thereby admits the truthfulness of the allegations in the bill; and until the decree entered'therein has been set aside, or opened, it stands in full force agninst him.</p> <p>3. Parties—in suits in chancery—¿real parties in interest only should be parties to the proceedings. In chancery, the real parties in interest should be parties to the proceedings, and those whose rights cannot be affected by the final decision therein, will not be permitted to litigate rights in such suit, unconnected with the subject matter in controversy.</p>