Moore v. Titman

Citations

• 35 Ill. 310

Syllabus

<p>1. Evidence, on foreáosme of mortgage—note should he produced or accounted for. At the hearing of a suit in equity for the foreclosure of a mortgage, if the sum due thereon is not admitted, the note or other written evidence of the debt secured should be produced or its non-production accounted for.</p> <p>2. Allegations and pboops, in suit for foreclosure—variance between instrument described in the mortgage and the one produced. In a suit for foreclosure, a copy of the mortgage was attached to and made a part of the bill. The instrument secured was described in the mortgage as a promissory note for $2,500, dated August 14, 1858, payable April 1, 1860, by a draft on Hew York with current rate of exchange, and interest payable annually. The instrument produced at the hearing was an obligation under seal, in the penal sum of $5,000, conditioned for the payment of $2,500 April 1, 1860, by draft on some solvent bank in the city of Hew York, to be sent to the obligee with interest payable annually. Seld, the instruments were of a different nature, and the one produced did not authorize a decree of foreclosure.</p>