Mulcahey v. Strauss
Illinois Supreme Court
Appeal from the Appellate Court for the Third District; —heard in that court on appeal from the Circuit Court of McLean County, the Hon. Thomas F. Tipton, Judge, presiding.
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Appeal from the Appellate Court for the Third District; —heard in that court on appeal from the Circuit Court of McLean County, the Hon. Thomas F. Tipton, Judge, presiding. This is a bill, filed in the Circuit Court of McLean county, on April 7, 1892, by Fannie Strauss, the appellee, against Daniel Mulcahey, Sr., and Julia, his wife, and their four children, Daniel Mulcahey, Jr., and Mary A. Mulcahey, adults, and Thomas F. Mulcahey and William H. Mulcahey, minors, and one William Scott Arnold, to foreclose a mortgage, dated March 1, 1890, upon 120 acres of land in said county, executed by…
1Opinion of the CourtJustice Macruder
First, the point is made, that it was a contempt of court to file the bill to foreclose the mortgage against the receiver appointed in the chancery suit, theretofore instituted to set aside the title of the mortgagor, without first obtaining the leave of the court for that purpose.
Arnold states in his answer, that he was appointed receiver of the personal property. The order appointing him recites, that he is appointed receiver of the personal property ; and he is therein directed to take charge of the personal property only. While, however, the pleadings and proofs leave it somewhat doubtful…
2Cases cited11 opinions
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- Kinney v. CrockerWisconsin Supreme Court · 1864
- Richards v. PeopleIllinois Supreme Court · 1876
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