Bush v. Sherman
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. On the 23d day of May, 1856, Winchester Hall, one of complainants, purchased of Ayers and Hamilton a block of ground, which included within its limits the lands involved in this controversy. A portion of the purchase money was paid down, and the remainder, represented by six promissory notes, was secured by mortgage upon the premises, containing a power of sale.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. On the 23d day of May, 1856, Winchester Hall, one of complainants, purchased of Ayers and Hamilton a block of ground, which included within its limits the lands involved in this controversy. A portion of the purchase money was paid down, and the remainder, represented by six promissory notes, was secured by mortgage upon the premises, containing a power of sale. The notes matured in sets of two, of equal amount, in one, two and three years from the date of the sale. According to the testimony of Bush,…
1Opinion of the CourtChief Justice Scott
Although made a ground of relief in the bill, it is not insisted in argument it was" any obstacle in the way of the execution of the power of sale contained in the mortgage, that the mortgagor was within the enemy’s lines during the late war. His absence from the State was voluntary, and was with a view to cast his lot with a people then in rebellion against the government. Had he remained at the home he selected in the South after open hostilities had commenced, he would still have been within the Federal lines, and within access to his creditors. The question of the right of a creditor,…
2Cases cited6 opinions
- McQuiddy v. WareSupreme Court of the United States · 1874
- Hamilton v. LubukeeIllinois Supreme Court · 1869
- Munn v. BurgesIllinois Supreme Court · 1873
- Pardee v. LindleyIllinois Supreme Court · 1863
- Mixer v. SibleyIllinois Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Garland v. WatsonSupreme Court of Alabama · 1883
- Hess v. DeanTexas Supreme Court · 1886
- Kerfoot v. BillingsIllinois Supreme Court · 1896
- Reedy v. MillizenIllinois Supreme Court · 1895
- Rowe v. FreemanOregon Supreme Court · 1918
17 more not listed; retrieve them via the Exa API.