Legal Opinion

Fergus v. Tinkham

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 6 opinions

Writ of Error to the Superior Court of Chicago. Edward I. Tinkham exhibited his bill in chancery in the court below, against Eobert Fergus and others, to foreclose a mortgage given to secure the following note: “ §13,000. Chicago, December 13th, 1859. “For value received, I, Eobert Fergus, of the City of “ Chicago, and State of Illinois, five years after the first day “ of January, A. D. 1860, promise to pay to the order of David “ Sears, junior, of the City of Boston, and…

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Writ of Error to the Superior Court of Chicago. Edward I. Tinkham exhibited his bill in chancery in the court below, against Eobert Fergus and others, to foreclose a mortgage given to secure the following note: “ §13,000. Chicago, December 13th, 1859. “For value received, I, Eobert Fergus, of the City of “ Chicago, and State of Illinois, five years after the first day “ of January, A. D. 1860, promise to pay to the order of David “ Sears, junior, of the City of Boston, and State of Massa- “ chusetts, the sum of thirteen thousand dollars, at the State “Bank, in the City of Boston, and State of…

1Opinion of the CourtJustice Breese

The objections made to the decree in this case are : 1st, that sufficient notice had not been given to the non-resident party of the pendency of the suit; 2d, that no proof was made of the exhibits, and that the mortgage was not acknowledged ; and 3d, a sum larger than the amount claimed by the bill was decreed to complainant.

As to the first objection, the facts are, there were full four successive weeks’ notice by publication, as the statute requires. The first publication was on the twenty-fourth day of May, 1861, and the last on the twenty-fourth .of June, 1861, four full weeks; but the…

2Cited by6 opinions

  1. Wilson v. HawthorneSupreme Court of Colorado · 1890
  2. Donham v. JoyceIllinois Supreme Court · 1912
  3. Haugan v. MichalopoulosAppellate Court of Illinois · 1935
  4. Hinton v. KnottAppellate Court of Illinois · 1907
  5. Barrett v. ShortAppellate Court of Illinois · 1891

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