Wright v. Troutman

Citations

• 81 Ill. 374

Syllabus

<p>1. Chancery—-facts found hy decree upon hearing on proofs, binding on parties, though minors. Where the decree states that a hearing was had upon proofs, and the facts are found hy the court in the decree, it will hind the defendants, though they are minors, unless the decree purports to give the evidence, or refers to it in the record, and, upon inspection, it is insufficient to warrant the conclusion at which the court has arrived.</p> <p>3. Lien—for purchase money of land under loritten contract may he enforced in name of assignee. Where land is sold, and a written contract executed hy the parties, whereby the vendor retains the title to the land as security for the unpaid purchase money, and the vendee executes his notes for such purchase money, the notes and contract will hfe considered as one instrument, and regarded as a security in the nature of a mortgage, which may he sold and assigned, and enforced in the name of the assignee hy decree in equity.</p>