Ballingall v. Bradley
Illinois Supreme Court
At the April special term, 1848, of the Circuit Court of Jo Daviess county, complainant filed his bill for relief, averring that on the 11th of January, 1837, complainant executed a mortgage to Hezekiah H. Gear, on lot No. 36, on west side of Main street, in Galena, to secure payment of the sum mentioned in mortgage.
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At the April special term, 1848, of the Circuit Court of Jo Daviess county, complainant filed his bill for relief, averring that on the 11th of January, 1837, complainant executed a mortgage to Hezekiah H. Gear, on lot No. 36, on west side of Main street, in Galena, to secure payment of the sum mentioned in mortgage. Afterwards Gear commenced an action on the mortgage, and decree of foreclosure for $336.40 was rendered at the October term, 1840. Afterwards complainant took the case to the Supreme Court on writ of error, and at the December term, 1842, the decree of Circuit Court was reversed,…
1Opinion of the Court
Catón, J.
There is an apparent conflict in the testimony upon some points in this case, and especially as to the question whether any agreement was ever made between Scheimer and the complainant, that the former should redeem the property sold upon the first, decree, and the venditioni exponas for the use and benefit of the latter. Several witnesses testify that both Scheimer and Duncan repeatedly stated that such an agreement had been made. This is positively denied by Scheimer, in his deposition, and th.e testimony of Smith is to the same point, and nearly as satisfactory, for he states…
2Cited by2 opinions
- Carter v. ShorterSupreme Court of Alabama · 1876
- Winders v. . HillSupreme Court of North Carolina · 1907