Mix v. Beach

Citations

• 46 Ill. 311

Syllabus

<p>1. Practice in chancery—no summons necessary on the filing of a supplemental Upon the filing of a supplemental bill in chancery it is not necessary, under our practice, that a summons should issue, nor an appearance be entered before a pro confesso order can be entered.</p> <p>2. Same—supplemental bill-^& in effect but an amendment of the original bill. A supplemental bill is in effect but an amendment by which new matter, which has transpired since the filing of the original bill, is brought into the case, and it forms a part of, and is tried with the original case.</p> <p>3. It is not error to require a defendant already in court by service, to answer a supplemental bill, and on his failing to do so, to render a 4eeree pro confesso to such supplement.</p> <p>4., Chancery—specific performance—forfeiture. As a general rule, there must be mutuality in agreements, to enable the parties to place each other in default.'</p> <p>5. Where a vendor gives a bond for a deed to he executed upon the payment of the final instalments, and time is of the essence of the contract, he cannot declare a forfeiture for the non-payment of the last instalment, unless he himself has a title and is in a condition to fulfill his obligation by making a deed.</p> <p>6. Parties—joinder of. In a suit by a purchaser of land for specific performance, the administrator of the vendor is a proper party, having an interest in holding a lien upon the premises, until the purchase money is paid; so, also, are the heirs of the vendor, for they may have been bound in such covenants by the agreement of sale as would charge their inheritance.,</p>