Hippard v. Rebhan
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair county; the Hon. George A. Crow, Judge, presiding. Heard in this court at the October term, 1915.
1Opinion of the CourtJustice McBride
5. Mobtgages, § 433*—when lien of mortgage kept alive by payments by one joint debtor enforceable against mortgaged premises. While a personal payment on a joint and several note by one of two joint debtors without the consent or knowledge of the other will not operate to bind the other so as to authorize a new promise taking the case out of the statute of limitations, still a mortgage given to secure such a note will operate as a lien on the mortgaged premises so long as the payments of the note may he enforced against either joint debtor and until the debt is extinguished, and it is…
2Cited by3 opinions
- Cache National Bank v. LusherSupreme Court of Colorado · 1994
- Fohrman v. LairdAppellate Court of Illinois · 1949
- Cache National Bank v. LusherSupreme Court of Colorado · 1994