Wylder v. Crane

Citations

• 53 Ill. 490

Syllabus

<p>1. Amendment of answer in chancery—when and on what tm'ms allowable. Permission to a party to amend his answer is a matter of discretion in the chancellor, and will always be allowed in the promotion of justice and when injury can not result to the opposite party.</p> <p>2. And in cases where injury might result unless time is given to the opposite party to meet the change in the case produced by the amendment, the court should always refuse leave to amend, or give reasonable time to the other party to meet the amendment.</p> <p>3. Waivino answeb undeb oath—by amiended bill. The effect of an answer under oath, to an original bill calling for an answer under oath, can not be avoided by the filing of an amended bill waiving, the oath, and an answer to the same not under oath. The answer under oath, to the original bill, would still be evidence on the hearing of the cause, so far as responsive to the bill.</p> <p>4. Chattel mobtoag®s—rights of prior and junior mortgages. In a suit to subject property to payment of a chattel mortgage, sold under foreclo-. sure of a prior mortgage, it was hdd, the prior mortgage, not being shown to have been fraudulent when it was foreclosed, barred and foreclosed the equity of redemption of the mortgagor, and also of the mortgagee under the junior mortgage.</p> <p>5. Same—notice of sale—public and primate sales. Where the power of sale contained in a chattel mortgage does not require notice of sale to be given, the mortgagee has the option to give notice or not as he may choose, and he may sell at public or private sale, but as between the mortgagor and mortgagee, the sale, to be binding, must be fair.</p> <p>6. Same-—of the possession of the mortgaged property. Where a chattel mortgage provided that the mortgaged property should remain with the mortgagor until the maturity of the debt, which was January 1, 1861, but was permitted to retain the possession, as to a portion of the property, until the spring of 1861, and of the residue