McIntyre v. Yates

Decided September 15, 1881

Illinois Supreme Court · decided 1881-09-15

Writ of Error to the Circuit Court of Peoria county. This was a suit in chancery to foreclose certain mortgages, in respect to which there was a question as to priority. One of the mortgagees also sought to have his mortgage reformed in respect to the omission of a tract of land which was intended to be included therein. About this alleged mistake there was no controversy.

Good law ✅— No negative treatment on recordhow we know

Decided 1881-09-15

How this case has been cited

Cited by 4 later decisions — most recently April 1927

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Scholfield, J.:

¶1The bill is filed to foreclose a mortgage. Questions are raised by the answer and by cross-bill with regard to the priority of this and certain other mortgages. We have held in several cases that the mere filing of a bill to foreclose a mortgage does not involve a freehold so as to give this court jurisdiction. The only respect in which this case differs from the other cases is, -that in addition to the bill to foreclose, it is sought to correct a mistake (about which there was no "-controversy) in the mortgage. It is impossible to see how this changes the principle. When the mistake is corrected, its only effect is to extend the mortgage to that which was not before included. The writ of error will have to be dismissed.

¶2Writ of error dismissed.