Flowers v. Brown
Illinois Supreme Court
This cause was commenced in the Circuit Court of Fulton county, on the chancery side, by John Brown, administrator of James Brown, deceased, to foreclose a mortgage given to his intestate, by William Flowers.
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This cause was commenced in the Circuit Court of Fulton county, on the chancery side, by John Brown, administrator of James Brown, deceased, to foreclose a mortgage given to his intestate, by William Flowers. The bill was filed on the 3rd day of March, A. D. 1851, and sets forth that on or about the 10th day of March, 1840, James Flowers and John Hall, both of Fulton county, etc., became indebted to his intestate in the sum of one hundred and thirty-seven dollars and sixty cents, upon a promissory note, bearing that date, and due six months thereafter, with twelve per cent, interest from…
1Opinion of the CourtCaton, C. J.
That portion of the final decree which awards a writ of possession, we think erroneous. The affidavit which was filed in resistance of that portion of the decree, sets up new matter, which occurred after the former decree in the cause, ordering the property to be sold, and hence, this was the first time when it could be presented to the consideration of the court. It is not necessary now to determine definitely, whether the affidavit makes out such a case as would certainly enable the defendant to maintain his possession in an action of ejectment, or such a case as would demand of a court of…
2Cited by6 opinions
- Roach v. ClarkIndiana Supreme Court · 1897
- Kerr v. BrawleyIllinois Supreme Court · 1901
- Stubbs v. AustinAppellate Court of Illinois · 1936
- Cochran v. FoglerIllinois Supreme Court · 1886
- Lambert v. LivingstonIllinois Supreme Court · 1890
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