Benneson v. Savage
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Adams county; the Hon. S. P. Shops, Judge, presiding. William T. Savage filed his hill in chancery, in the circuit court of Adams county, against Charles A. Savage and others, to foreclose a certain mortgage, which was in form a deed of trust.
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Writ of Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Adams county; the Hon. S. P. Shops, Judge, presiding. William T. Savage filed his hill in chancery, in the circuit court of Adams county, against Charles A. Savage and others, to foreclose a certain mortgage, which was in form a deed of trust. The following statement, taken from the printed argument filed by the counsel for plaintiffs in error, is a sufficiently full statement of the pleadings: “The case set up in the bill, in brief, is this: That on March 29, 1873,…
1Opinion of the CourtJustice Scholfield
It will be most convenient to notice the several objections urged in argument against the decree of the circuit court, in their order of precedence upon the record.
First—It is objected that the contract described in the bill and that described in the trust deed are not the same, and that therefore the trust deed is not a security for the contract described in the bill. A copy of the trust deed is made part of the bill as an exhibit, and it is therefore unimportant, even if it be conceded that the pleader misconceived its legal effect, for the instrument itself being thus before us, we will…
2Cases cited5 opinions
- Harper v. ElyIllinois Supreme Court · 1873
- Walker v. DenisonIllinois Supreme Court · 1877
- Allen v. WoodruffIllinois Supreme Court · 1880
- Jones v. KingIllinois Supreme Court · 1877
- Savage v. HazardNebraska Supreme Court · 1881
3Cited by9 opinions
- Long v. LongSupreme Court of Missouri · 1897
- Prussing v. LancasterIllinois Supreme Court · 1908
- Parker v. McGintySupreme Court of Colorado · 1925
- Field v. BrokawAppellate Court of Illinois · 1891
- Board of County Commissioners v. LinnSupreme Court of Colorado · 1902
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