Valentine v. Fish

Citations

• 45 Ill. 462

Syllabus

<p>1. Usury—a purchaser of a contract tainted with—wh,en may contest it as usurious. The owner of land who has given a usurious mortgage upon it, may sell or mortgage it to another generally, and give to such purchaser or mortgagee, by express agreement, the same right to contest its validity as he himself had.</p> <p>2. Same—when validity of usurious contract afjvi'med. But, where the sale or mortgage is made subject, in express terms, to a previous usurious mortgage, the purchaser or subsequent mortgagee cannot question the validity of the prior mortgage.</p> <p>3. Paeties — in chancery—who may he. In chancery proceedings, a person, who, although at the time of the filing of the hill, may not have had a present existing pecuniary interest, hut whose rights may and would be affected by a decree in conformity to the prayer of the bill, may properly become a party complainant in such suit, although it may not be strictly necessary that he should be made a party.</p>