Jenkins v. Greenbaum
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District. A bill was filed by Samuel J. Walker, on the 28th day of February, 1874, against A. D. Eich, trustee of the National Trust Company, and other persons, to enjoin him from selling certain lands named in the trust deed, made by Walker to Eich, to secure large indebtedness evidenced by promissory notes given by. Walker to the Trust company.
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Writ of Error to the Appellate Court for the First District. A bill was filed by Samuel J. Walker, on the 28th day of February, 1874, against A. D. Eich, trustee of the National Trust Company, and other persons, to enjoin him from selling certain lands named in the trust deed, made by Walker to Eich, to secure large indebtedness evidenced by promissory notes given by. Walker to the Trust company. The company answered, and filed a cross-bill against Walker and Greenbaum and Foreman, together with other parties. By the cross-bill it was alleged that Greenbaum and Foreman claimed to have a prior…
1Opinion of the CourtChief Justice Walker
Pending this litigation,’ and after the decree was rendered in the circuit court, Walker was declared a bankrupt, and Jenkins appointed his assignee. Walker has, therefore, ceased to have any interest in the litigation. It is, however, urged that Jenkins can not be substituted as the plaintiff in error; that he is a stranger to the record, and hence the case can proceed no further, but must abate.
The assignee, by his appointment and qualification, becomes the owner of all the property, rights and credits of the bankrupt, for the benefit of the creditors. But this question is settled by the…
2Cases cited6 opinions
- Mosier v. NortonIllinois Supreme Court · 1876
- New-Orleans Gas Light & Banking Co. v. DudleyNew York Court of Chancery · 1840
- Maher v. LanfromIllinois Supreme Court · 1877
- Farwell v. MeyerIllinois Supreme Court · 1864
- Peddicord v. ConnardIllinois Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Higgins v. LansinghIllinois Supreme Court · 1895
- Jenkins v. International BankIllinois Supreme Court · 1881
- Knights v. MartinIllinois Supreme Court · 1895
- Garlick v. Mutual Loan & Building Ass'nAppellate Court of Illinois · 1904
- Fahlstrom v. DenkOregon Supreme Court · 1933
5 more not listed; retrieve them via the Exa API.