Kiser v. Heuston
Illinois Supreme Court
Writ of Error to the Circuit Court of the County of Iroquois; the Hon. Charles R. Starr, Judge, presiding. The plaintiff in error on the 2d. day of February, 1861, filed his bill in chancery in the Iroquois Circuit Court against Samuel Heuston and Eliza his wife, and Algernon S. Austin, to foreclose a mortgage given by Heuston and wife to him, dated November 25, 1857. Heuston in his answer admits having given the mortgage and that it was unpaid, but sets up a release of the…
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Writ of Error to the Circuit Court of the County of Iroquois; the Hon. Charles R. Starr, Judge, presiding. The plaintiff in error on the 2d. day of February, 1861, filed his bill in chancery in the Iroquois Circuit Court against Samuel Heuston and Eliza his wife, and Algernon S. Austin, to foreclose a mortgage given by Heuston and wife to him, dated November 25, 1857. Heuston in his answer admits having given the mortgage and that it was unpaid, but sets up a release of the same under an agreement made with the plaintiff that he would secure the debt by a new mortgage on other lands which he…
1Opinion of the CourtChief Justice Walker
This was a suit in Chancery, commenced by Kiser to foreclose a mortgage executed by Samuel Heuston and Eliza Heuston, his wife. Defendant, Austin, set up by his answer as a defense, that he was, after the execution of the mortgage, an innocent purchaser of the mortgaged premises, without notice, and for a valuable consideration. Heuston by his answer admits the execution of the note and mortgage, and that the money had not been paid, but sets up and relies upon the release of the mortgage under an agreement of the parties interested. The oath of the parties is waived to their answers by the…
2Cited by3 opinions
- Draper v. DraperIllinois Supreme Court · 1873
- Coles v. TerrellIllinois Supreme Court · 1896
- McGuire v. GilbertIllinois Supreme Court · 1915