Remann v. Buckmaster

Citations

• 85 Ill. 403

Syllabus

<p>1. Mortgage—priority by inducing satisfaction of prior one. Where a party, in taking a second mortgage on land from one who, as administrator of the prior mortgagee’s estate, held two of the notes secured by the first mortgage given to his intestate, induced the administrator, who had bought the land, to enter satisfaction of the prior mortgage, in order to secure a loan to himself, it was held, that the satisfaction thus entered without payment could not be made, so as to give the junior mortgage the priority.</p> <p>2. Witness—competency. The restriction, in the statute making all persons competent witnesses, that no party to any civil action, or person directly interested in the event thereof, shall be permitted to testify therein of his own motion, or in his own behalf, where the adverse party sues or defends as an executor, administrator, etc., does not apply where the witness does not testify on his own motion, or in his own behalf.</p> <p>3. Where a junior mortgage was sought to be foreclosed by the administrator of the mortgagee, and a cross-bill was filed by the administrator of the prior mortgagee to foreclose his mortgage, it was held, that a prior administrator of the first mortgagee, who had given the second mortgage, and had entered satisfaction of the first mortgage, and who was made a defendant in both bills, was a competent witness in favor of the administrator of the first mortgagee, and against the administrator of the second mortgagee, to prove notice of the prior mortgage and the facts attending the satisfaction of the same.</p>