Clary v. Schaack
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Ann Clary, on November 19, 1910, filed in the circuit court of Cook county a bill to set aside several conveyances of certain real estate and for other relief. The bill was dismissed upon demurrer for want of equity, and the complainant appealed.
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Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Ann Clary, on November 19, 1910, filed in the circuit court of Cook county a bill to set aside several conveyances of certain real estate and for other relief. The bill was dismissed upon demurrer for want of equity, and the complainant appealed. The bill alleges that the complainant became the owner of the real estate in controversy, located at the north-east corner of North State and Chestnut streets, in the city of Chicago, on October 4, 1864, and occupied it with her family, as their homestead, until…
1Opinion of the CourtJustice Dunn
delivered the .opinion of the court:
The object of the bill was to have a decree that the trust deed had been satisfied by the receipt of the income from the property, and it was based upon the hypothesis that the trustee’s sale was void, and that the grantees in the trustee’s deeds acquired by them only a right of subrogation and occupy the position of mortgagees in possession. This claim is founded upon the allegation that no notice of the sale was given. The law is well settled in this State that a sale and deed made by a trustee in a trust deed in the nature of a mortgage, without the…
2Cases cited7 opinions
- Graham v. AndersonIllinois Supreme Court · 1867
- Walker v. WarnerIllinois Supreme Court · 1899
- Kerfoot v. BillingsIllinois Supreme Court · 1896
- Dawson v. HaydenIllinois Supreme Court · 1873
- Harter v. TwohigSupreme Court of the United States · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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