Schultz v. Sroelowitz
Illinois Supreme Court
Appeal from and writ of error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This was a bill to foreclose a deed of trust in the nature of a mortgage and to set aside a fraudulent release of the same.
Read the full summary
Appeal from and writ of error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This was a bill to foreclose a deed of trust in the nature of a mortgage and to set aside a fraudulent release of the same. The prayer of the bill was granted by the circuit court, but on appeal the decree was reversed by the Branch Appellate Court and the cause remanded, with directions to dismiss the bill for want of equity. The case is now before us on appeal of Friederich Schultz, the…
1Opinion of the CourtJustice Carter
This case is the outgrowth of a fraudulent transaction of Theodore H. Schintz which must result in loss to one of two or more innocent parties. It is often a difficult matter in such cases to determine upon which of such parties the loss should fall. The suit was brought by Schultz to foreclose, as a mortgage, the deed of trust, which, with the note, had been assigned to him by Schintz. It is well settled that the mortgage was assignable only in equity, and that in a proceeding to enforce the lien created by it, it is subject to all equitable defenses existing between the original parties but…
2Cases cited4 opinions
- Olds v. CummingsIllinois Supreme Court · 1863
- Drury v. HoldenIllinois Supreme Court · 1887
- Silverman v. BullockIllinois Supreme Court · 1880
- Lewis v. BuckSupreme Court of Minnesota · 1862
3Cited by17 opinions
- Martinson v. KershnerNorth Dakota Supreme Court · 1915
- Firebaugh v. SeegrenAppellate Court of Illinois · 1932
- Pennypacker v. LatimerIdaho Supreme Court · 1905
- Marks v. PopeAppellate Court of Illinois · 1937
- Napieralski v. SimonIllinois Supreme Court · 1902
12 more not listed; retrieve them via the Exa API.