Holmes v. Bartlett
Appellate Court of Illinois
Foreclosure. Appeal from the Circuit Court of Winnebago county; the Hon. Arthur H. Frost, Judge, presiding. Heard in this court at the October term, 1910.
1Opinion of the CourtJustice Thompson
There is no question concerning the facts in this case. The only question presented for our consideration is whether the statute of limitations pleaded by the devisees, the grantees of the executor of the mortgagor, is a defense to the foreclosure suit. The debt is the principal thing and the mortgage but an incident attached to the debt. The executor continued to act in the capacity of executor and trustee of the estate of the mortgagor until January, 1908. By the terms of the will the executor had full power and authority to continue the business qnd manage the estate for ten years after…
2Cases cited11 opinions
- Waughop v. BartlettIllinois Supreme Court · 1896
- Emory v. KeighanIllinois Supreme Court · 1878
- Jackson v. LongwellSupreme Court of Kansas · 1901
- Perry v. HorackSupreme Court of Kansas · 1901
- Kraft v. HolzmannIllinois Supreme Court · 1903
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3Cited by1 opinion
- Fohrman v. LairdAppellate Court of Illinois · 1949