Illinois Land & Loan Co. v. McCormick
Illinois Supreme Court
Appeal from the Circuit Court of Cook coupty. This was a bill in chancery, filed by Cyrus H. McCorpiick and others against The Illinois Land and Loan Co nip any, and Mary Jane Hart and others, to foreclose a mortgage made by the husband of the said Mary Jane Hart, on lands in Cook county.
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Appeal from the Circuit Court of Cook coupty. This was a bill in chancery, filed by Cyrus H. McCorpiick and others against The Illinois Land and Loan Co nip any, and Mary Jane Hart and others, to foreclose a mortgage made by the husband of the said Mary Jane Hart, on lands in Cook county. The bill alleges default in payment, the decease of the mortgagor, heirship of all the defendants except the Illinois Land and Loan Company, and makes said company a party defendant upon the allegation that it has, or claims, some interest in the premises under a tax title. Summons issued to the sheriff of…
1Opinion of the Court
Per Curiam :
Appellant and other defendants in the court below were served with summons by a special deputy.
The statute, which authorizes the appointment of a special deputy, requires that the appointment shall be indorsed upon or attached to the summons, and shall be signed by the sheriff. Gross, (1869) 718. The law clearly intends a written appointment.
The record before us shows that the sheriff did not comply with the statute, and the service by the deputy was without proper authority.
After the record was filed in this court, and errors assigned, the decree was amended in the court below,…
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