Heaton v. Prather
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was a bill in chancery, by Edgar S. Heaton, against Abraham S. Prather, Albert Cooper and John T. Matthews, to redeem from a deed of trust. The facts of the case necessary to an understanding of the points decided are stated in the opinion of the court.
1Opinion of the CourtJustice Scholeield
This was a bill, by the appellant, against the appellees, to redeem from a certain deed of trust in the nature of a mortgage. The court below decreed in favor of appellees, denying the prayer and dismissing the bill.
Tiie facts involved are not controverted, and are, briefly, these: On the 11th of February, 1869, Henry H. Walker executed a deed of trust, in the nature of a mortgage, with power of sale, to the appellee Prather, of certain lands of which he was owner, which was duly recorded July 12, 1869. On the 25th of June, 1874, Prather sold the land, pursuant to the power, to the appellee…
2Cases cited2 opinions
- Rupert v. MarkIllinois Supreme Court · 1854
- Farrar v. PayneIllinois Supreme Court · 1874
3Cited by9 opinions
- Paxson v. BrownCourt of Appeals for the Eighth Circuit · 1894
- Chavis v. GibbsSupreme Court of Virginia · 1956
- Gibbons v. HoagIllinois Supreme Court · 1880
- Dixie Grain Co. v. QuinnSupreme Court of Alabama · 1913
- Weiner v. JobstIllinois Supreme Court · 1961
4 more not listed; retrieve them via the Exa API.