Daub v. Englebach
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was a bill by Herman Englebach, against John M. Daub and wife, Joshua Sprague, and Thomas Mosely, to foreclose a mortgage given by one Conrad Daub to Herman Englebach.
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Writ of Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was a bill by Herman Englebach, against John M. Daub and wife, Joshua Sprague, and Thomas Mosely, to foreclose a mortgage given by one Conrad Daub to Herman Englebach. John M. Daub, and Caroline, his wife, filed a joint answer admitting the execution of the mortgage to the complainant, but denying it was the mortgage described in the bill, claiming that the mortgage executed had been altered. On a hearing a…
1Opinion of the CourtJustice Walker
This was a bill in chancery, filed by Herman Englebach, against plaintiffs in error, to foreclose a mortgage. It is alleged that on the 11th of August, 1873, one Conrad Daub, being indebted to complainant in the sum of $3435.92, by-note due in three years from date, to secure its payment executed and delivered a mortgage on lands therein described, and it was duly acknowledged and recorded. It is also alleged that the mortgagor and wife, on the 12th of January, 1876, sold and conveyed the lands described-in the mortgage to John M. Daub; that the note was unpaid. The bill further alleges that…
2Cited by25 opinions
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- Conerty v. RichtsteigIllinois Supreme Court · 1942
- Lux & Talbott Stone Co. v. DonaldsonIndiana Supreme Court · 1903
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