Brown v. McKay
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding.
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Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. This was a bill in the Superior Court of Cook county, brought July 30, 1892, by appellees, to foreclose a trust deed on twenty-five acres of land, specifically described, in Sec. 6, T. 39 N., R. 13 E., in said county, executed by appellant Brown to Alexander McKay, trustee, to secure the payment of three certain promissory notes of $6,666.66, -each, dated December 4, 1890, and payable in one, two and three years,…
1Opinion of the CourtJustice Shope
I. Numerous points are made in appellant’s brief, but we shall only notice such of them as merit discussion. Among other things it is insisted, that there was no evidence that the cestui que use applied to the trustee to commence the suit, the provision in the trust deed being, that on application of the lawful holder of the notes, it should be lawful for the trustee to file a bill. The bill in this case was brought by the cestui que use himself, jointly with the trustee. The objection is, as a matter of course, without merit.
II. It is next objected, that there was no evidence of the…
2Cases cited2 opinions
- Meacham v. SteeleIllinois Supreme Court · 1879
- Briscoe v. PowerIllinois Supreme Court · 1868
3Cited by14 opinions
- Quaranto v. SilvermanMassachusetts Supreme Judicial Court · 1963
- Cassiani v. BellinoMassachusetts Supreme Judicial Court · 1959
- Curran v. HoustonIllinois Supreme Court · 1903
- Meyer v. LevyAppellate Court of Illinois · 1928
- Doolittle v. NurnbergNorth Dakota Supreme Court · 1914
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