Wright v. Langley

Citations

• 36 Ill. 381

Syllabus

<p>1. Joinder of parties—feme covert defendant. The only necessity for making the wife of a mortgagor defendant, is to bar her equity of redemption in her right to dower, or to give her the opportunity to redeem, and prevent a sale of the mortgaged premises.</p> <p>2. Decree — mortgage. A decree which orders and adjudges that the defendants, to and for the use of complainant, pay the sum found to be due on the mortgage, to the master in chancery, is not a personal decree, upon which the mortgagor would be liable, nor could an action and recovery at law be had against her on the decree.</p> <p>8. Payment of taxes—decree. It is the duty of the mortgagor in possession, to pay the taxes on the mortgaged premises; if the mortgagee does so, it is not error to allow them, in a decree of foreclosure.</p> <p>4. Pleadings—stipulation. A stipulation that the mortgagee has paid taxes on the mortgaged premises, and a prayer by him, in the stipulation, that they may be included in the decree of foreclosure, although informal, may be considered as an amendment to the bill, which will authorize the court to take them into the computation of the amount due on the mortgage, and include them in the decree.</p> <p>5. Stipulation—record—proof. Under such a stipulation, in the record, although the tax receipts do not appear in the transcript, when the clerk certified that it was full and complete, the presumption is, that the receipts were before the court below, and warranted the finding the sum allowed for the payment of taxes, and that the receipts were lost.</p>