Chickering v. Failes
Illinois Supreme Court
This is a cause in chancery on bill exhibited by appellants against appellees, for the purpose of redeeming two certain mortgages made by one Josiah E. McClure to Elijah K. Hubbard.
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This is a cause in chancery on bill exhibited by appellants against appellees, for the purpose of redeeming two certain mortgages made by one Josiah E. McClure to Elijah K. Hubbard. The bill alleges, that on the 13th day of July, 1836, said McClure was seized in fee of the tracts and lots of land situate in Cook county, State of Illinois, described as follows: Undivided half of the south-west quarter of Section No. 20, Township 39 north, Range 14 east of third principal meridian; undivided quarter of the east half of the north-east quarter of Section No. 20, Township 39 north, Range 14 east…
1Opinion of the CourtWalker, J.
Was the proceeding, by scire facias, sufficient to bar the equity of redemption, in the premises embraced in the second mortgage executed by McClure to Hubbard ? It is insisted that it was not, for several reasons. First, because it is alleged that the returns to the writs did not give the court jurisdiction to .try and determine the case. The sheriff’s return to the first of these writs was, “ Josiah E. McClure not found, November 7th, 1842.” This was the return day of this writ. The return of the second was this: “ The within named Josiah E. McClure not found, March 25th, 1843.” This latter…
2Cases cited2 opinions
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