Miller v. Marckle
Illinois Supreme Court
This case was submitted upon the following agreed state of facts. The decree was rendered by Woodson, Judge, at October term, 1858, of the Morgan Circuit Court. At the October term, A. D. 1858, of the Morgan Circuit Court, Gabriel Marckle filed his bill for the foreclosure of two mortgages executed by William R. Miller, on the same tract of land.
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This case was submitted upon the following agreed state of facts. The decree was rendered by Woodson, Judge, at October term, 1858, of the Morgan Circuit Court. At the October term, A. D. 1858, of the Morgan Circuit Court, Gabriel Marckle filed his bill for the foreclosure of two mortgages executed by William R. Miller, on the same tract of land. Miller, at the same term of said court, filed his answer on oath, alleging that one of the mortgages was executed by him, to secure a note which he had executed to Marckle, without any good and valuable consideration, and that the same mortgage and…
1Opinion of the CourtBreese, J.
From the agreed case, we think it clear, the Circuit Court erred in passing a decree of foreclosure of the mortgage, alleged to have been executed in fraud of creditors, for which the mortgagee had advanced no consideration.
We have examined carefully the numerous cases cited by the counsel on both sides, and draw from them the conclusion we have above announced.
The second section of our statute, (Scates’ Comp. 542,) title “ Frauds and Perjuries,” is understood to be, substantially, a copy of the act of 13 Eliz. ch. 5, and of 27 Eliz. ch. 4, and they are but in affirmance of the common law, as…
2Cases cited2 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Findley v. CooleyIndiana Supreme Court · 1823
3Cited by28 opinions
- Kirkpatrick v. ClarkIllinois Supreme Court · 1890
- Francis v. WilkinsonIllinois Supreme Court · 1893
- Tyler v. TylerIllinois Supreme Court · 1888
- Rosenbaum v. HuebnerIllinois Supreme Court · 1917
- Campbell v. WhitsonIllinois Supreme Court · 1873
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