Vahle v. Brackenseik

Citations

• 145 Ill. 231
• 34 N.E. 524

Syllabus

<p>1. Chancery—power to re-docket foreclosure suit and enter new orders. A court of equity has the power to re-docket a suit for the foreclosure of a mortgage as against the parties thereto, and enter such order as may be necessary to execute its decree by the delivery of possession of the premises to the purchaser on his serving a copy of the decree and making proper demand, where no new rights have been acquired by the defendants since the entry of the original decree.</p> <p>2. Writ of Assistance—application for, not anew suit. An application by the purchaser of land sold under a decree of foreclosure, for the writ of assistance to put him in possession of the land, is not the institution of a new suit, but is auxiliary or incidental to the decree previously entered, whereby the rights of the parties have become fixed and determined.</p> <p>3. Same—not ban'ed by forcible entry and detainer suit. A suit of forcible entry and detainer, brought by the purchaser of land at a foreclosure sale for possession, and judgment therein, constitute no bar to an application for a writ of assistance afterward made upon compliance with the decree of the court requiring him to serve on the occupant a copy of the decree, which had not been served at the time of the institution and trial of the forcible detainer suit.</p> <p>4. Judicial Cognizance—as to judges and organisation of courts. The Appellate Court, as well as this court, will take judical notice of who are the judges of the various courts of record of the State, and of their terms of office, and the organization and jurisdiction of such courts. The court of its own motion will advise itself, so as to verify matters of which it is required to take judicial notice.</p> <p>5. Appeals and Writs of Error—leave to file amended record. Leave to file an amended record on suggestion of a diminution of the record, is proper without notice to the opposite party or the issuance of a writ of certiorari. Parties in the Appellate Court,