Pfeil v. Loeb, 255 Ill. App. 484, and cases there cited. Rodman v. Quick, 211 Ill. 546, 71 N.E. 1087; Culver v. Lincoln Sav. Bldg. Ass'n, 271 Ill. App. 91. It is also urged that as to the Hamm property the state proceedings are still pending, because the court made no disposition of the motion filed February 4, 1937, to vacate the decree of foreclosure entered February 4, 1936. Under the Illinois practice, this motion to be effective had to be made within thirty days after the entry of the decree sought to be vacated. Smith Hurd Ill.Rev.Stat. 1943, Ch. 110, § 174(7), Ch. 77, §§ 82-84; Davis v. East St. Louis Suburban R. Co., 290 Ill. App.? 540, 542, 543, 9 N.E.2d 254. The motion by the appellants was made eleven months too late. A failure to dispose of a motion filed too late cannot affect the order to which the tardy motion was directed.
Under the doctrine of res adjudicata, a point once adjudicated by a court of competent jurisdiction may be relied upon as conclusive upon the same matter as between the parties or their privies in any subsequent suit, but it has been generally held that the doctrine has no application against or in favor of anyone who was not a party or privy, and that the latter class of persons cannot claim the benefit of such an adjudication. ( People ex rel. Chicago Bar Ass'n v. Amos, 246 Ill. 299, 303, and cases cited therein; Culver v. Lincoln Sav. Bldg. Ass'n, 271 Ill. App. 91, 99.) By his petition Patek was seeking affirmative relief in the nature of a finding by the court that he was the owner and holder of bonds described therein. The original decree found that all the bonds were outstanding and that Baim was liable upon them, and Patek argues that this constituted an adjudication which could not later be questioned by respondents.
" In Culver v. Lincoln Sav. Bldg. Ass'n, 271 Ill. App. 91, the Appellate Court for the Third District had before it a case in which complainant (purchaser at a foreclosure sale) filed a bill against the holder of a subordinate lien against the premises who had inadvertently been omitted as a party to the foreclosure proceeding. The bill prayed the entry of a decree providing that if there was no redemption by the mortgagor or his assigns within 12 months from the foreclosure sale, the junior creditor should be allowed to redeem by paying either the amount of the mortgage indebtedness or the amount bid at the foreclosure sale within the limited time, and that in default of such redemption he should be foreclosed of all interest in the realty.