Cobe v. Airey
Appellate Court of Illinois
Foreclosure proceeding. Appeals from the Superior Court of Cook County; the Hon. Marcus Kavana'gh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court.
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Foreclosure proceeding. Appeals from the Superior Court of Cook County; the Hon. Marcus Kavana'gh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Ira M. Cobe filed his hill of complaint in the Superior Court against John W. and Lu- ' . cinda Airey to foreclose a mortgage given by them to the Forth American Savings, Loan & Building Company, a Minnesota corporation, on real estate in Cook county, Illinois, which had been sold and assigned by. the receiver of the company to Cobe. The bill represents that on Jannry 11, 1898, Edward B..…
1Opinion of the Court
Mr. Presiding Justice Smith
delivered the opinion of the court.
The defense of usury interposed by the defendants to the bill rests upon the question whether or not the Forth American Savings, Loan & Building 'Company was a building and loan association within the intent and purpose of the laws 'of Illinois governing homestead loan associations under the evidence in the record; and if it was a building and loan association within the meaning and intent of the laws of Illinois at the time of the transaction in question, did it conform to the requirements of such laws in making the loan to…
2Cases cited6 opinions
- Stevens v. PrattIllinois Supreme Court · 1881
- Borrowers' & Investors' Building Ass'n v. EklundIllinois Supreme Court · 1901
- Rhodes v. Missouri Savings & Loan Co.Illinois Supreme Court · 1898
- Jamieson v. JurgensIllinois Supreme Court · 1902
- St. Louis Loan & Investment Co. v. YantisIllinois Supreme Court · 1898
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