Legal Opinion

Scholten v. Barber

Illinois Supreme Court

Decided October 24, 1905PublishedCited by 30 opinions

Appear from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. B. R. Burroughs, Judge, presiding.

1Opinion of the CourtChief Justice Cartwright

On January 17, 1894, the appellant, Mary A. Scholten, of the city of St. Louis, in the State of Missouri, executed her promissory note to George N. Cooper, of said city, for $5000, payable five years after date, and secured the same by a trust deed upon certain real estate in said city. She after-wards conveyed the property to Charles Dexter, and in the conveyance he assumed the payment of the encumbrance. The note was assigned by Cooper to Rosa Barber, the appellee. There were several subsequent conveyances of the property by quit-claim deeds containing no assumption of the mortgage debt,…

2Cases cited3 opinions

  1. Crawford v. NimmonsIllinois Supreme Court · 1899
  2. Flagg v. GeltmacherIllinois Supreme Court · 1881
  3. Crouch v. HallIllinois Supreme Court · 1853

3Cited by30 opinions

  1. Forsyth v. BarnesIllinois Supreme Court · 1907
  2. Sauder v. DittmarCourt of Appeals for the Tenth Circuit · 1941
  3. Van Eman v. MosingSupreme Court of Oklahoma · 1912
  4. Lingle Water Users' Ass'n v. Occidental Building & Loan Ass'nWyoming Supreme Court · 1931
  5. Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916

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