McCumber v. Gilman
Illinois Supreme Court
Calvin McCumber, the ancestor of the complainants, on the fourth’ day of August, 1842, purchased from Joel Walker lot two in block seven, in Walker’s addition to Belvidere, for $100, and took a bond for conveyance of the lot, on payment of the money in one and two yéars, with interest, payable annually, for which McCumber gave his notes. McCumber paid the first of these notes and a part of the other before his death.
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Calvin McCumber, the ancestor of the complainants, on the fourth’ day of August, 1842, purchased from Joel Walker lot two in block seven, in Walker’s addition to Belvidere, for $100, and took a bond for conveyance of the lot, on payment of the money in one and two yéars, with interest, payable annually, for which McCumber gave his notes. McCumber paid the first of these notes and a part of the other before his death. McCumber borrowed of Gilman $600 in Illinois internal improvement scrip, drawing interest; to secure the repayment of which, with interest at three percent, per annum upon the…
1Opinion of the CourtCaton, J.
The case of McCumber v. Gilman, reported in 13 Ill. 543, disposes of all claim which the defendant could assert under the judgment of foreclosure, which was there reversed, and leaves him simply in the position of a mortgagee in possession for condition broken, and leaves nothing to be decided in this case except to determine how much he shall be entitled to for repairs or improvements which he has put upon the premises during his possession. The rule on this subject has been as well settled by this court as its nature will admit. It is not only the right, but it is the duty of the mortgagee…
2Cases cited1 opinion
- McConnel v. HolobushIllinois Supreme Court · 1849
3Cited by3 opinions
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Martin v. BeattyIllinois Supreme Court · 1870
- Kinkead v. PeetSupreme Court of Iowa · 1911