Ætna Life Insurance v. McNeely
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was a bill for partition, brought by Rebecca Mc-Neely, Maria Smith and Judea.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was a bill for partition, brought by Rebecca Mc-Neely, Maria Smith and Judea. Ridings, against Mary Hurst, Susan Reece, Jasper Fanning and Newton Fanning, who were brothers and sisters, and the only heirs of Henry Fanning, deceased, to divide the following described lands, consisting of sixty-five acres: The north half of the south-west quarter of the south-west quarter, and the north-west quarter of the south-west quarter,…
1Opinion of the CourtJustice Craig
The 11th section of the Limitation act (Rev. Stat. 1874, p. 675,) provides: “No person shall commence an action or make a sale to foreclose any mortgage, or deed of trust in the nature of a mortgage, unless within ten years after the right of action or right to make such sale accrues.” This section of the statute must be construed in connection with section 16 of the statute enacted at the same time, which provides: “Actions on bonds, promissory notes, * * * shall be commenced within ten years next after the cause of action accrued; but if any payment or new promise to pay shall have been…
2Cases cited2 opinions
- Kallenbach v. DickinsonIllinois Supreme Court · 1881
- Schifferstein v. AllisonIllinois Supreme Court · 1888
3Cited by12 opinions
- Clute v. . CluteNew York Court of Appeals · 1910
- Pinkney v. WeaverIllinois Supreme Court · 1905
- McLean v. McLeanWisconsin Supreme Court · 1924
- Weidenhammer v. McAdamsIndiana Court of Appeals · 1912
- Deaton v. DeatonAppellate Court of Illinois · 1903
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