Vaniman v. Gardner
Appellate Court of Illinois
Bill of Foreclosure. — Appeal from the Circuit Court of Macoupin County; the Hon. Robert B. Shirley, Judge, presiding. Heard in this court at the May term, 1901.
1Opinion of the Court
Mr. Presiding Justice Harker
delivered the opinion of the court.
It is contended by appellant, first, that under the written agreement of April 11, 1895, an equitable lien or mortgage was given Moss Eoberts upon the land in question, whereby equity will enforce the payment of the $500 specified in the agreement, as a first lien upon the land; second, that appellants are subrogated to all rights of Moss Eoberts under the agreement by virtue of his assignment thereof to George Yaniman.
While, as a general rule, any written contract entered into for the purpose of pledging property or some interest…
2Cases cited2 opinions
- Hamilton v. DownerAppellate Court of Illinois · 1892
- Gibson v. DeciusIllinois Supreme Court · 1876
3Cited by2 opinions
- P. H. Broughton & Sons, Inc. v. Muller & Allen Realty Co.Appellate Court of Illinois · 1976
- Hibernian Banking Ass'n v. Chicago Title & Trust Co.Appellate Court of Illinois · 1920