Ætna Life Insurance v. Corn
Illinois Supreme Court
Appeal from the Circuit Court of Hamilton county; the Hon. Tazewell B. Tanner, Judge, presiding. This was a bill filed by David Darnell, Martin Acord and Eli Smith, against the Ætna Life Insurance Company, George M. Brinkerhoff, trustee for said company, John T. Bryant, Mary E. Bryant, Catharine Bryant and William J. Morris, to foreclose a mortgage.
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Appeal from the Circuit Court of Hamilton county; the Hon. Tazewell B. Tanner, Judge, presiding. This was a bill filed by David Darnell, Martin Acord and Eli Smith, against the Ætna Life Insurance Company, George M. Brinkerhoff, trustee for said company, John T. Bryant, Mary E. Bryant, Catharine Bryant and William J. Morris, to foreclose a mortgage. During the pendency of the suit, David Darnell departed this life, and his administrators, John H. Corn and Anna Darnell, were substituted in his place. The insurance company and Brinkerhoff alone answered, the other defendants making default. The…
1Opinion of the CourtJustice Walker
It appears that John T. Bryant and wife executed and delivered a mortgage on the 31st of March, 1873, to Catharine Bryant, on the lands described in the bill. It was made to secure a note for $1500, due sixty days after date, and was executed by John T. to Catharine Bryant. She, on the same day, sold, assigned and delivered the note and mortgage to William J. Morris. The note was duly assigned by indorsement thereon, and the mortgage was duly recorded on the 1st of April, 1873. Three days afterwards, John T. Bryant and wife, the mortgagors, conveyed the mortgaged premises and 240 acres of…
2Cases cited4 opinions
- Campbell v. CarterIllinois Supreme Court · 1853
- Edgerton v. YoungIllinois Supreme Court · 1867
- Huebsch v. ScheelIllinois Supreme Court · 1876
- Jarvis v. FrinkIllinois Supreme Court · 1853
3Cited by5 opinions
- Mathews v. JonesNebraska Supreme Court · 1896
- Longfellow v. BarnardNebraska Supreme Court · 1899
- Case v. FantCourt of Appeals for the Eighth Circuit · 1892
- Blackburn University v. WeerAppellate Court of Illinois · 1886
- Hester v. FraryAppellate Court of Illinois · 1901