Connecticut Mutual Life Ins. v. Stinson
Appellate Court of Illinois
Mortgage Foreclosure.—Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the October term, 1895. Statement oe the Oase. This is an appeal by the complainants below from a decree on a bill to foreclose a mortgage on real estate. On March 9, 1881, the appellee James Stinson borrowed of appellant insurance company $15,000, giving as security a mortgage bond and trust deed on the real estate described in the bill.
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Mortgage Foreclosure.—Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the October term, 1895. Statement oe the Oase. This is an appeal by the complainants below from a decree on a bill to foreclose a mortgage on real estate. On March 9, 1881, the appellee James Stinson borrowed of appellant insurance company $15,000, giving as security a mortgage bond and trust deed on the real estate described in the bill. Interest was regularly paid on this debt, the last installment being paid on September 12, 1893, and no interest was due at…
1Opinion of the Court
Mr, Justice Waterman
delivered the opinion op the Court.
In reference to the right of appellant to recover the amount paid by it for tax certificates, the question is not, as argued by appellee, what are the rights of one who at a tax sale buys one vigintillionth off the east part of a lot, but what the rights of appellant as a mortgagee under the mortgage deed given by appellee were.
Heither a mortgagor nor mortgagee can, as against the right of the other, acquire a tax title to the property covered by a mortgage. Whatever purchases of tax certificates upon the property mortgaged or any part…
2Cases cited2 opinions
- Mason v. MartinCourt of Appeals of Maryland · 1853
- Roby v. City of ChicagoIllinois Supreme Court · 1868
3Cited by1 opinion
- Connecticut Mutual Life Ins. v. StinsonAppellate Court of Illinois · 1900