Marsh v. Green

Citations

• 79 Ill. 385

Syllabus

<p>1. Parties ir charcery—MU to appoint trustee to sell. Where a trustee in a deed of trust dies before default in payment of the money thereby secured, and the grantor has conveyed his equity of redemption, by deed, to another, who agrees to assume the debt, such grantor is not a necessary party to a bill in equity to have a trustee appointed to sell after default is made.</p> <p>2. Same—Mil to foreclose tnist deed. But on a bill to foreclose a trust deed, the grantor in such deed is not only a proper but an indispensable party, notwithstanding he may have conveyed his equity of redemption.</p> <p>3. Charcery practice—right of party to intervene. In equity, by the modern practice, any person feeling he has an interest in the litigation, may apply to the court, and be permitted to intervene and become a party, and have his rights passed upon on the hearing, by making a proper showing. If he has no substantial rights involved, he will not be allowed to intervene.</p> <p>4. Ambrdmert—in chancery, to make new parties. A party complainant will be permitted, at any stage of the case before decree, to amend his bill, to make formal parties, and have them enter their appearance.</p> <p>5. Disclaimer—effect of. Where a person, not made a party to a bill, on the hearing enters his appearance and disclaims all interest in the subject matter, he will be bound by it, and this will cure the error, if any, in not making him a formal party in the bill.</p>