Wellman v. Miner
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This is a bill, filed on October 13, 1894, by the appellant, A. Miner Wellman, executor of the will of Asher W. Miner, deceased, of Allegany county, New York, against the appellees, the widow and children of Simon G. Miner, deceased, for the purpose of foreclosing three mortgages, executed by Simon G. Miner in his lifetime to Asher W. Miner. The first mortgage was given to secure a note dated June 1, 1866, for $2500.00,…
1Opinion of the CourtJustice Magruder
The first two notes, one dated June 1, 1866, for §2500.00, and the other, dated February 25, 1867, for §1153.55, were given when the Statute of Limitations, barring a note in sixteen years, was in force. But the present Statute of Limitations, barring a note in ten years after the accruing of the cause of action thereon, was passed and became operative in 1872. So far as any payments, made after the enactment of the statute of 1872, had the effect of renewing" the debt, such renewals are governed by the statute of 1872. (Drury v. Henderson, 143 Ill. 315). It is conceded, that three payments…
2Cases cited7 opinions
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Mills v. . DavisNew York Court of Appeals · 1889
- Thompson v. DearbornIllinois Supreme Court · 1883
- Roseboom v. BillingtonNew York Supreme Court · 1819
- Roberts v. TunnellIllinois Supreme Court · 1897
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