Gochenour v. Mowry
Illinois Supreme Court
Writ of Error to the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. On the 7th of December, 1861, Albert Mowry exhibited his bill in chancery in the court below against Jeroboam B. Barr, the mortgagor, and others, including David Grochenour, to foreclose a mortgage.
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Writ of Error to the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. On the 7th of December, 1861, Albert Mowry exhibited his bill in chancery in the court below against Jeroboam B. Barr, the mortgagor, and others, including David Grochenour, to foreclose a mortgage. It appears from the allegations in the original and amended bills, that on the 14th of September, 1857, Barr was indebted to one John Allen in the sum of $1,651 for purchase-money for a certain tract of land, which Allen had sold and conveyed to Barr by quitclaim deed, and for which Barr gave his note…
1Opinion of the CourtJustice Breese
The record in this case presents these questions: First, does an after acquired title by a mortgagor inure to the benefit of the mortgagee who has taken his mortgage with covenants of warranty ; and second, is the decree in the case in proper form.
As to the second point, it is insisted the decree is for the payment of the money due by the mortgagors, by all the defendants, in other words that it is a decree against the defendants personally, for which an action of debt would lie. If this was so, the decree would be modified so as to restrict it to the mortgagor, the real debtor. But we regard…
2Cases cited1 opinion
- King v. Administratrix of GilsonIllinois Supreme Court · 1863
3Cited by22 opinions
- Crawford v. NimmonsIllinois Supreme Court · 1899
- Kirby v. RunalsIllinois Supreme Court · 1892
- Smiley v. FriesIllinois Supreme Court · 1882
- Phelan v. Iona Savings BankAppellate Court of Illinois · 1892
- Glover v. BenjaminIllinois Supreme Court · 1874
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