Cox v. Garst
Illinois Supreme Court
Writ op Error to the Circuit Court of Clay county; the Hon. William C. Jones, Judge, presiding. Caleb Franklin, and Eachel, his wife, on December 1, 1874, executed a mortgage or deed of trust, with due relinquishment of homestead and dower, of one hundred and forty acres of land, then owned by said Caleb, to secure the payment of a promissory note for $900, payable in five years, with ten per cent interest.
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Writ op Error to the Circuit Court of Clay county; the Hon. William C. Jones, Judge, presiding. Caleb Franklin, and Eachel, his wife, on December 1, 1874, executed a mortgage or deed of trust, with due relinquishment of homestead and dower, of one hundred and forty acres of land, then owned by said Caleb, to secure the payment of a promissory note for $900, payable in five years, with ten per cent interest. On February 13, 1876, said Caleb died intestate, owning the premises, subject to the mortgage, and leaving him surviving said. Eachel, (now Eachel Cox,) his widow, and several children,…
1Opinion of the CourtJustice Sheldon
There was a palpable clerical error in the decree of the county court of the sale of the lands, in describing the twenty-acre tract as being in range 8, instead of range Y; but we think the circuit court did right in declining to correct the decree in that respect. The appropriate mode for the correction of error in a decree, is by appeal or writ of error, or upon motion or bill of review in the same court which pronounced the decree. We are referred to no authority to justify the correction of the alleged error in the decree of the county court, which is here asked, and where there is but…
2Cases cited3 opinions
- Rogers v. RogersNew York Court of Chancery · 1828
- Swaine v. PerineNew York Court of Chancery · 1821
- Selb v. MontagueIllinois Supreme Court · 1882
3Cited by5 opinions
- Borders v. HodgesIllinois Supreme Court · 1895
- Rawson v. CorbettAppellate Court of Illinois · 1892
- Virgin v. VirginAppellate Court of Illinois · 1900
- Kaminskas v. CepauskisAppellate Court of Illinois · 1938
- Perkins v. PerkinsAppellate Court of Illinois · 1905