{
  "id": 2830354,
  "name": "Walter Mills, Appellee, v. Edwin S. Mason, Appellant",
  "name_abbreviation": "Mills v. Mason",
  "decision_date": "1913-10-09",
  "docket_number": "Gen. No. 17,986",
  "first_page": "69",
  "last_page": "70",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 69"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2643,
    "ocr_confidence": 0.52,
    "sha256": "ecdb2f4092d5136132109985928674d900ba3bb47e6b21235c88d32a20f39b78",
    "simhash": "1:04441d1d858c07c8",
    "word_count": 446
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  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Walter Mills, Appellee, v. Edwin S. Mason, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Fitch\ndelivered the opinion of the court.\n8. Mortgages, \u00a7 487 \u2014when defense not set up by cross-bill. In proceeding by holder of the notes to foreclose, defendant claiming he is the equitable owner of such notes may set up such fact as a defense without a cross-bill\n4. Equity, \u00a7 263*\u2014supplemental bill. An original bill sufficient for one kind of relief prayed is a sufficient foundation for a supplemental hill for other and more extensive relief.\n5. Appeal and error, \u00a7 352*\u2014when party entitled to appeal after parting with his interest. A party having disposed of his interest pendente lite may appeal where his grantees were not made defendants in his stead and he continues as the only party representing their interests.\n6. Appeal and error, \u00a7 1447*\u2014when dismissal of cross-bill harmless. Error in dismissing a cross-bill is immaterial where the same facts contained therein were afterward set up in an answer and a full hearing was had upon the issues thus raised.\n7. Appeal and error, \u00a7 1041*\u2014when assignment of errors treated as a separate assignment.. An assignment of errors purporting to be made by all the defendants \u201cjointly and severally\u201d may be treated as a separate assignment where only one defendant appeals.",
        "type": "majority",
        "author": "Mr. Justice Fitch"
      }
    ],
    "attorneys": [
      "F. William Kraft, for appellant.",
      "Arthur M. Cox, for appellee."
    ],
    "corrections": "",
    "head_matter": "Walter Mills, Appellee, v. Edwin S. Mason, Appellant.\nGen. No. 17,986.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Mortgages, \u00a7 393 \u2014when holder of part of notes may declare forfeiture. Option clause in a trust deed giving holder of notes right to declare whole amount due in case of default in payments or waste, held to authorize a holder of a portion of the notes to exercise the option where another clause, referring to such option clause, shows that intention.\n2. Mortgages, \u00a7 480*\u2014supplemental hill. An original bill, insufficient because notice of default was not given before suit was begun but sufficient to restrain defendant from committing waste, may be aided by a supplemental bill setting up subsequent service of such notice.\nAppeal from the Superior Court of Cook county; the Hon. Fabian Q. Ball, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.\nAffirmed.\nOpinion filed October 9, 1913.\nStatement of the Case.\nBill in equity by Walter Mills against Edwin S. Mason and others to enjoin defendants from removing fixtures from a building covered by a mortgage and for an accounting and sale of the mortgaged premises. From a decree in complainant\u2019s favor, one of the defendants, Edwin S. Mason, appeals.\nF. William Kraft, for appellant.\nArthur M. Cox, for appellee.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0069-01",
  "first_page_order": 93,
  "last_page_order": 94
}