Tooke v. Newman
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. This was a bill in chancery, filed by M. McKendree Tooke, and Lucenia P. Tooke, his wife, against Benjamin Newman, Caroline Newman, his wife, and John Ling, to enjoin a sale of real estate under a trust deed made by complainants to Ling, as trustee, to secure notes held by Newman or Ms wife. The material facts of the case are stated in the opinion of the court.
1Opinion of the CourtChief Justice Walker
delivered the opimon of the Court:
This was a bill in chancery to enjoin the sale of a lot of land by a trustee to pay certain promissory notes given by complainants to the Newmans. The bill alleges that on the 7th day of' June, 1873, complamants executed a deed of trust to secure the payment of three promissory notes—one for $6,000, one for $3,333.33, and one for $389. It is further alleged that Newman, the husband, loaned the money to complainants for wMeh the first note was given, but that he had them made payable to his wife; that the trust property belonged to Mrs. Tooke when the money…
2Cited by14 opinions
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- Peacock v. PhilLipsIllinois Supreme Court · 1910
- Floore v. MorganCourt of Appeals of Texas · 1915
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