Legal Opinion

McFadden v. Fortier

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 19 opinions

The writ issued in this case was in the words and figures following: State of Illinois, County of Peoria, } ss. To the Sheriff of Peoria county, in the State of Illinois, Greeting : Whereas, on the 14th day of August, A. D. 1854, Bartholomew Fortier filed in the office of the Circuit Court of said county, a precipe in substance as follows, to wit: Bartholomew Fortier vs. James McFadden. } In Peoria Circuit Court. To Sept.

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The writ issued in this case was in the words and figures following: State of Illinois, County of Peoria, } ss. To the Sheriff of Peoria county, in the State of Illinois, Greeting : Whereas, on the 14th day of August, A. D. 1854, Bartholomew Fortier filed in the office of the Circuit Court of said county, a precipe in substance as follows, to wit: Bartholomew Fortier vs. James McFadden. } In Peoria Circuit Court. To Sept. Term, A. D. 1854. The clerk of said court will please issue writ of scire facias to foreclose mortgage herewith filed in the above entitled cause, returnable to said term.…

1Opinion of the CourtBreese, J.

This is a proceeding by scire facias to foreclose a mortgage. To the writ a general demurrer was filed, which the court overruled, and leave was given to withdraw the demurrer and plead.

The defendant then filed three pleas, and to one of them, the third, there was a demurrer, which was sustained, and leave given to amend; and to this amended plea there was also a demurrer, which was also sustained.

The errors assigned question the correctness of these decisions.

The proceeding by scire facias to foreclose a mortgage, is a proceeding in rem, and the writ is considered both as process and…

2Cases cited1 opinion

  1. Dean v. WilliamsMassachusetts Supreme Judicial Court · 1821

3Cited by19 opinions

  1. Heartt v. RhodesIllinois Supreme Court · 1872
  2. Smith v. BondIllinois Supreme Court · 1924
  3. People ex rel. Hemstreet v. CrabbIllinois Supreme Court · 1895
  4. Cottrell v. GersonAppellate Court of Illinois · 1938
  5. Shunick v. ThompsonAppellate Court of Illinois · 1888

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