Francisco v. Wright
Illinois Supreme Court
Assumpsit in the Shelby Circuit Court, brought by the plaintiff in error against the defendant in error. The cause was heard before the Hon. Gustavus P. ICoerner and a jury, at the August term 1845, when a verdict and judgment was rendered in favor of the defendant.
1Opinion of the Court
The Opinion of the Court was delivered by
Caton, J.*
This was an action of assumpsit to recover the amount of money paid by the plaintiff to the State Bank, in satisfaction of a decree foreclosing a mortgage executed by Wright and wife to the Bank, to secure a note which the Bank held against Wright. After the execution of the mortgage, Wright sold the land incumbered by the mortgage to Francisco, and conveyed to him by a common warranty deed. The Bank foreclosed the mortgage in chancery, to which proceeding Francisco was not a party. After the decree and before the sale, Francisco paid the…
2Cases cited2 opinions
- Van Orden v. Van OrdenNew York Supreme Court · 1813
- Wells v. PorterNew York Supreme Court · 1831
3Cited by1 opinion
- Goldstein v. GreenstoneAppellate Court of Illinois · 1922