Packwood v. Gridley

Citations

• 39 Ill. 388

Syllabus

<p>1. Jurisdiction in chancery—where there is a defense at law. Where a party has a defense which is available at law, and has had an opportunity to insist upon his rights in a court of law, and in a suit directly involving them,1 and has failed to do so, he is barred by his own laches from asking the question to be re-opened on the chancery side of the court.</p> <p>3. Same—in what manner and, at what time to assert the want of jurisdiction. The objection to the jurisdiction of a court of chancery, that the party has his remedy at law, may be made availing, even though it is first made on the' hearing, where it appears that he has had an opportunity to insist upon his rights in a court of law, and in a suit directly involving them, and has neglected to do so.</p> <p>3. Vendor and purchaser—rights of a purchaser who pays off an incumbrance. Where a purchaser of land redeems the same from a sale on foreclosure of a mortgage given by his vendor prior to his purchase, when it was the duty of the vendor to have made the redemption, the purchaser has a' right to have the amount so paid applied as a payment on his notes given for. the purchase-money.</p> <p>4. Assignee with notice—subject to what defenses. Where a party receives the assignment of a note before maturity, with notice of the maker’s rights in respect thereto, he will hold the note subject to whatever' rights of set-off existed as against the payee.</p> <p>5. Notice—what constitutes. Where the assignee of a note, at the time of the assignment, requests and receives as security from the assignor a conveyance of land, for the purchase-money of which the note was given, with a provision in the deed that the assignee is to comply with the terms of the contract of, sale to the prior purchaser, the assignee will be held to have actual notice of the character of the note.</p> <p>6. The sale of the note and the deed of the land to the assignee being all one transaction, he must also be held to constructive notice in