Haas v. Chicago Building Society
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was originally a bill filed by Elizabeth Haas, praying for an accounting, and injunction restraining the sale of certain real estate under a power contained in two certain deeds of trust executed by the appellants, to secure indebtedness to the appellee.
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Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was originally a bill filed by Elizabeth Haas, praying for an accounting, and injunction restraining the sale of certain real estate under a power contained in two certain deeds of trust executed by the appellants, to secure indebtedness to the appellee. Appellee filed a cross-bill and a supplemental cross-bill, and an account was taken by the master, and on the hearing appellants’ bill was dismissed, and a decree rendered iii favor of the appellee for $24,785.56 and costs. This decree, on appeal to…
1Opinion of the CourtJustice Baker
The points presented by this record are, as to the jurisdiction of a court of chancery to appoint a receiver to collect rents and profits in a suit to foreclose a mortgage, and as to the authority to make such appointment after decree and the sale of the mortgaged property, and, if such discretionary power does exist, whether it was properly exercised in the case at bar.
We find the decided weight of American authority to be in favor of the proposition that the court may, even when the mortgage do'es not by express words give a lien upon the income derived from such property, appoint a…
2Cases cited7 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Astor v. TurnerNew York Court of Chancery · 1845
- Hyman v. KellyNevada Supreme Court · 1865
- Guy v. IdeCalifornia Supreme Court · 1856
- Callanan v. ShawSupreme Court of Iowa · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Lightcap v. BradleyIllinois Supreme Court · 1900
- First National Bank v. Illinois Steel Co.Illinois Supreme Court · 1898
- Cross v. Will County National BankIllinois Supreme Court · 1898
- Chicago Title and Trust Co. v. MackIllinois Supreme Court · 1932
- Bothman v. LindstromAppellate Court of Illinois · 1921
31 more not listed; retrieve them via the Exa API.