Emory v. Keighan
Illinois Supreme Court
Appeal from the Circuit Court of Ford county; the Hon. Owen T. Beeves, Judge, presiding.
1Opinion of the CourtChief Justice Walker
This case was previously before use, and is reported in 88 Ill. 482. It was there held that the existence of the debt was essential to the life of the mortgage given to secure it; that when the debt was paid, discharged, released, barred by the Statute of Limitations, or a judgment or decree in favor of the mortgagor in a proceeding to recover the debt, the mortgage is gone and no longer has any effect.
It was also said that the plaintiff’s proof made a good prima facie case for him. The Statute of Limitations was relied on, and there was an apparent bar of the debt before the sale was made…
2Cases cited1 opinion
- Emory v. KeighanIllinois Supreme Court · 1878
3Cited by23 opinions
- Fish v. FarwellIllinois Supreme Court · 1895
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Adams v. HoldenSupreme Court of Iowa · 1900
- Camden v. AlkireWest Virginia Supreme Court · 1884
- Hanchett v. BlairCourt of Appeals for the Ninth Circuit · 1900
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