Baldwin v. Tuttle
Appellate Court of Illinois
Interlocutory appeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the Branch Appellate Court. Statement by the Court.
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Interlocutory appeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the Branch Appellate Court. Statement by the Court. This is an appeal from an interlocutory order of the Superior Court of Cook county, entered April 24, 1919, appointing a receiver of certain premises after foreclosure and sale and after a deficiency decree had been entered, for the purpose of collecting the rents during the period of redemption, and out of the rents so collected of making reasonable repairs and of applying the balance towards the satisfaction of said deficiency…
1Opinion of the CourtJustice G-ridley
It is here contended by counsel for appellant that the court had no authority under the facts and under the law to appoint the receiver and to.direct said receiver out of the rents to be collected to apply the balance, after making the necessary repairs, towards the satisfaction of said deficiency decree. The argument is, in substance, that the trust deed in question in this case does not pledge the rents and profits to the mortgagee during the redemption period, and that, where the rents and profits are not therein so pledged and where it appears that the owner of the equity of redemption is…
2Cases cited11 opinions
- First National Bank v. Illinois Steel Co.Illinois Supreme Court · 1898
- Haas v. Chicago Building SocietyIllinois Supreme Court · 1878
- Bagley v. Illinois Trust & Savings BankIllinois Supreme Court · 1902
- Standish v. MusgroveIllinois Supreme Court · 1906
- Schaeppi v. BartholomaeIllinois Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bothman v. LindstromAppellate Court of Illinois · 1921
- Straus v. BrackenAppellate Court of Illinois · 1926
- Trustees of Schools v. ThompsonAppellate Court of Illinois · 1939
- Equitable Life Assur. Soc. v. McCartneyDistrict Court, E.D. Illinois · 1937