McFarland v. Dey

Citations

• 69 Ill. 419

Syllabus

<p>1. Assignment—by trustee in deed of trust. The assignment of a deed of trust and the note secured thereby, by the trustee, having no interest in the trust, will not invest any interest or title in one not beneficially interested in the trust. It will not have the effect of a sale or conveyance by the trustee made pursuant to the terms Of his deed.</p> <p>2. Secondary evidence—affidavit of loss by person not a party, inadmissible. It is error to receive the affidavits of persons not parties to the suit, and who are competent witnesses in the case, to prove the loss of the instrument sued on, so as to admit secondary evidence of its contents.</p> <p>3. Same—contents of lost note can not be shown by affidavit. Affidavits arc not admissible to prove either the contents of a lost note or the fact of its assignment. They are admissible only to lay the foundation for the introduction of secondary evidence.</p> <p>4. Assignment—when party seeking to foreclose deed of trust as assignee must prove assignment. On bill to foreclose a deed of trust by one claiming as assignee of the debt secured, against one claiming title under a prior deed made by the grantor in the trust deed, where the assignment of the debt is denied in the defendant’s answer, it is incumbent on the complainant to prove his interest in the debt by showing the assignment thereof as alleged by him.</p>