Heathman v. Rogers
Appellate Court of Illinois
Memorandum.—Petition for a lien under the general assignment act. Appeal from the County Court of Cook County; the Hon. Frank Scales, Judge, presiding.
1Opinion of the CourtJustice Waterman
It is insisted that the agreement, upon sufficient consideration to give appellant a mortgage, created „in his favor an equitable lien.
It is true that equity regards and treats that as done which in good conscience ought to be done; but a court of equity, in the consideration of what ought to be done, has regarded not merely the rights of the persons between whom it has been agreed that a thing should be done, but also others entitled to be heard, whose interests have been affected by the conduct of the parties to such agreement. Clements v. Moore, 6 Wallace, 299-312; Harvey, assignee, v.…
2Cases cited4 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- P. C. Hanford Oil Co. v. First National BankIllinois Supreme Court · 1888
- Commercial National Bank v. BurchIllinois Supreme Court · 1892
- Harvey v. CraneU.S. Circuit Court for the Northern District of Illnois · 1871