Patton v. Smith

Citations

• 113 Ill. 499
• 1885 Ill. LEXIS 723

Syllabus

<p>1. Parties—in bill to foreclose. In a bill to foreclose a mortgage, all persons interested in the premises, who claim under the mortgagor subsequent and subject to the mortgage, are necessary parties; and if they are not brought in, their rights will not be cut off by the decree.</p> <p>2. Judicial sale—when necessary to sell in parcels. Where a mortgage, and decree of sale on foreclosure, describe a quarter section of land mortgaged, as a single tract, it is not the duty of the master to divide the land into parcels in making a sale. If several distinct tracts are ordered sold, then it is the duty of the master to sell each parcel separately.</p> <p>3. Bill to redeem—by whom. The assignee of notes secured by a second mortgage on land, although he was not made a party to a bill to foreclose the prior mortgage, but whose assignment is merely colorable, can not maintain a bill to redeem from such prior mortgage and sale thereunder.</p>