Stephens v. Bichnell
Illinois Supreme Court
This was a bill filed, in the-Circuit Court of Clark county, by Peter Bichnell, the defendant in error, against the plaintiff in error, and Amos Collins and William Collins, to foreclose a mortgage. The bill states the sale of the premises by complainant to the defendants, Perry Stephens and Amos Collins, and the execution of notes and a mortgage upon the same premises to secure the purchase money.
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This was a bill filed, in the-Circuit Court of Clark county, by Peter Bichnell, the defendant in error, against the plaintiff in error, and Amos Collins and William Collins, to foreclose a mortgage. The bill states the sale of the premises by complainant to the defendants, Perry Stephens and Amos Collins, and the execution of notes and a mortgage upon the same premises to secure the purchase money. The mortgage was executed and acknowledged by Amos Collins and Stephens and his wife. That Collins and Stephens subsequently made a partition of the premises, and agreed that each should assume and…
1Opinion of the CourtBreese, J.
This case is submitted on the record and assignment of errors, and briefs and authorities. The principal errors are, the want of necessary parties to the bill, in decreeing a strict foreclosure, and insufiiciency of the evidence. The case was, a bill filed by mortgagee against the mortgagors of certain lands for a strict foreclosure, and a decree pro confesso rendered. The mortgage was given to secure the payment of the purchase money of the lands, and was executed simultaneously with the deed, and the wife of one of the mortgagors was not made a party to the bill. Section four, of chapter…
2Cases cited1 opinion
- Johnson v. DonnellIllinois Supreme Court · 1853
3Cited by11 opinions
- Fletcher v. HolmesIndiana Supreme Court · 1870
- Boston v. NicholsIllinois Supreme Court · 1868
- Flagg v. WalkerSupreme Court of the United States · 1885
- Lohmeyer v. DurbinIllinois Supreme Court · 1903
- Clear Creek, Colorado, Gold & Silver Mining Co. v. RootSupreme Court of Colorado · 1871
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