Taylor v. Adams

Citations

• 115 Ill. 570
• 4 N.E. 837

Syllabus

<p>1. Evidence—original record of decree instead of certified copy. On the trial of an action of ejectment, in which the plaintiff claims under a decree of foreclosure of a mortgage, the original record of the foreclosure in the same court is admissible in evidence. In such case the plaintiff is not bound to produce a certified copy of the record. The court will take judicial notice of its own records.</p> <p>2. The record of a court may properly be used instead of a copy, where the case in which it is offered is being tried in the same court which made the record, though one case was in equity and the other at law.</p> <p>3. Practice—when the specific objection should be made. An objection to a record of the court for the want of a placita, made in this court for the first time, comes too late, as, if made below, it might have been obviated. A general objection below will not reach it.</p> <p>4. Ejectment—by mortgagee after condition broken—and against whom. After condition broken, ejectment may be maintained by the mortgagee against the mortgagor, or those to whom the latter may have assigned the equity of redemption.</p> <p>5. Same—possession of defendant. In ejectment by the purchaser under a decree of foreclosure of a mortgage, the proof showed that the defendant, the mortgagor, and his wife, after condition broken, he being in possession, conveyed the equity of redemption to a third party, who never took actual possession, and who leased the premises to the wife, and the mortgagor, with his wife, continued in the occupancy of the same.as before: Held, that the action could not be defeated under a plea of the defendant denying possession.</p> <p>6. Same—outstanding title. Where, before bill filed to foreclose a mortgage, the mortgagor and wife conveyed the mortgaged premises to the father of the mortgagor’s wife, and he to her, and the purchaser under the foreclosure brought ejectment against the mortgagor, it was held, that the title in the wife could not be s