Garrett v. Moss
Illinois Supreme Court
On the 14th of Sept., 1840, Garrett and wife made a mortgage to Moss on the south-east quarter of Sec. 5, 8 N., 8 E., for $1,000, due at one year, with twelve per cent, interest. At May term, 1843, a decree of foreclosure was rendered in favor of Moss by default, the money, $1,326.66, found due upon the mortgage, to be paid ip ten days, or the mortgaged premises to be sold after being advertised three successive weeks.
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On the 14th of Sept., 1840, Garrett and wife made a mortgage to Moss on the south-east quarter of Sec. 5, 8 N., 8 E., for $1,000, due at one year, with twelve per cent, interest. At May term, 1843, a decree of foreclosure was rendered in favor of Moss by default, the money, $1,326.66, found due upon the mortgage, to be paid ip ten days, or the mortgaged premises to be sold after being advertised three successive weeks. H. 0. Merriman, one of the complainant’s counsel, was appointed commissioner to make the sale. On the 8th day of February, 1841, Garrett and wife made another mortgage to…
1Opinion of the CourtWalker, J.
It is urged that this decree should be reversed, and the order confirming the commissioners’ reports be vacated, because Moss, who holds a senior mortgage, and Pettingill and Bartlett a junior mortgage, on these premises, agreed that the latter would make no defense to Moss’s suit for a foreclosure, and that he would bid the amount of his mortgage on that portion of the premises south of the Peoria and Farmington road, and would release his mortgage to the remainder of the quarter section.
It is a well established doctrine, that any corrupt agreement amongst bidders, which prevents competition…
2Cited by11 opinions
- Levy v. Broadway-Carmen Building Corp.Illinois Supreme Court · 1937
- McDaniel v. WetzelIllinois Supreme Court · 1914
- Hopkins v. . EnsignNew York Court of Appeals · 1890
- In Re Application of RosewellAppellate Court of Illinois · 1992
- In Re Application of RosewellAppellate Court of Illinois · 1981
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