McFarland v. Dey
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was a bill in equity, by Alexander H. Dey, against John McFarland and others, to foreclose a deed of trust given by John C. Fitnam to one Hollis M. Hale, to secure the payment of a note of the grantor to Henry W. Chandler of 8346.68, treating the same as a mortgage, and to set aside a release of the same made by the trustee.
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Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was a bill in equity, by Alexander H. Dey, against John McFarland and others, to foreclose a deed of trust given by John C. Fitnam to one Hollis M. Hale, to secure the payment of a note of the grantor to Henry W. Chandler of 8346.68, treating the same as a mortgage, and to set aside a release of the same made by the trustee. On the 8th of April, 1857, John C. Fitnam, being the owner of the premises sought to be sold, conveyed the same to Mary Sullivan, but her deed was not recorded until March 16,…
1Opinion of the CourtJustice Scholpield
It is alleged in the bill, but denied in the answer, that the note, to secure the .payment of which the deed of trust in controversy was executed, was assigned by Chandler, the payee, to Bonnell, and by him to Leighton. The assignment by Leighton to the complainant could invest no interest or right which Leighton did not have. The assignment by Hale, who was but a naked trustee, without' any interest in the trust, could invest no interest or title in one who was not beneficially interested in the trust. The case is, in this respect, different from a sale or conveyance by a trustee pursuant to…
2Cases cited1 opinion
- Becker v. QuiggIllinois Supreme Court · 1870
3Cited by2 opinions
- Brown v. HallSouth Dakota Supreme Court · 1913
- Casey v. Chicago & Eastern Illinois RailroadAppellate Court of Illinois · 1910