Rogers v. Herron
Illinois Supreme Court
Writ of Error to the Appellate Court of the Second District. This was a bill by James T. Rogers and Moses Pettengill, against Simeon J. Hicks and wife, and William A. Herron and Joseph Elder, to foreclose a mortgage given by Hicks and wife to complainants.
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Writ of Error to the Appellate Court of the Second District. This was a bill by James T. Rogers and Moses Pettengill, against Simeon J. Hicks and wife, and William A. Herron and Joseph Elder, to foreclose a mortgage given by Hicks and wife to complainants. The suit was commenced in the circuit court of Peoria county, where, on the hearing before the Hon. Joseph W. Hopkins, Judge, the bill was dismissed as to all the parties except Hicks and his wife, and a decree of foreclosure entered as to the latter. The complainants took the case to the Appellate Court on writ of error, in which court the…
1Opinion of the CourtJustice Craig
This was a bill in "equity, brought by James T. Rogers and Moses Pettengill, to foreclose a mortgage given by S. J. Hicks and wife to them on the 2d day of August, 1871, to secure $800 in two years from that date, on certain property in Peoria. Herron and Elder, who held a mortgage on the same property to secure $786.76, bearing date April 9/1869, were made parties defendant to the bill, as well as the mortgagor and his wife. On the final hearing the court dismissed the bill as to Herron and Elder, and this decision is assigned for error.
It appears, from the evidence, that the fee to the lot…
2Cases cited2 opinions
- Richardson v. HockenhullIllinois Supreme Court · 1877
- Fitts v. DavisIllinois Supreme Court · 1866
3Cited by9 opinions
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- Bolln v. La Prele Live Stock Co.Wyoming Supreme Court · 1921
- Grace v. MontgomerySupreme Court of Alabama · 1923
- Longino v. Barr-Warren Commission Co.Supreme Court of Arkansas · 1907
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