Legal Opinion

Sheldon v. Patterson

Illinois Supreme Court

Decided September 15, 1870PublishedCited by 11 opinions

Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was a bill in the Superior Court of Chicago, filed August 15, 1866, by appellee, against appellants, and others as subsequent. incumbrancers, to foreclose three certain mortgages alleged to have been made by appellants to appellee, upon the south-east quarter of section 32, town 37, north range 13 east, situate in Cook county, Illinois.

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Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was a bill in the Superior Court of Chicago, filed August 15, 1866, by appellee, against appellants, and others as subsequent. incumbrancers, to foreclose three certain mortgages alleged to have been made by appellants to appellee, upon the south-east quarter of section 32, town 37, north range 13 east, situate in Cook county, Illinois. The first mortgage was executed at Milwaukee, Wisconsin, on the twentieth of January, 1860, to secure a promissory note of same date, made by appellant John Sheldon, to…

1Opinion of the CourtJustice McAllister

The principal question in this case is, whether any, and if so, what, effect should have been given to the judgment or decree of the Milwaukee circuit court, rendered after the issues were closed in the court below, and introduced in evidence. The same matter was directly in issue in the two cases. There can be no objection on account of parties, for the wife is not to be deemed a party to this suit, so far as it relates to this mortgage. She was a necessary and proper party as to one of the other mortgages. But not having acknowledged the mortgage in question, as required by law, and that…

2Cases cited2 opinions

  1. Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Howard v. MitchellMassachusetts Supreme Judicial Court · 1817

3Cited by11 opinions

  1. MacDonald v. DexterIllinois Supreme Court · 1908
  2. Williams v. WilliamsIllinois Supreme Court · 1914
  3. Scammon v. Commercial Union Ins.Appellate Court of Illinois · 1887
  4. Brink v. BartlettSupreme Court of Oklahoma · 1930
  5. Menke v. BarnhartAppellate Court of Illinois · 1907

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