Myers v. Manny
Illinois Supreme Court
Writ op Error to the Circuit Court of Brown county; the Hon. C. L. Higbee, Judge, presiding. Defendants in error filed their «bill to foreclose a mortgage given by George W. Myers and his wife. The mortgagors filed their cross bill alleging a mistake in including more land than was intended to be conveyed by the mortgage. A decree was rendered, on the hearing of the original bill, for the sale of the premises included in the mortgage, as stated- in the opinion of the court.
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Writ op Error to the Circuit Court of Brown county; the Hon. C. L. Higbee, Judge, presiding. Defendants in error filed their «bill to foreclose a mortgage given by George W. Myers and his wife. The mortgagors filed their cross bill alleging a mistake in including more land than was intended to be conveyed by the mortgage. A decree was rendered, on the hearing of the original bill, for the sale of the premises included in the mortgage, as stated- in the opinion of the court. After the briefs of counsel had been filed in this court, counsel for the original complainants filed a stipulation that…
1Opinion of the CourtJustice Walker
It is first insisted that there is not such a final decree in this case as authorizes an appeal to this court. By it the rights of the parties are fully and finally ascertained and established. It finds the mortgage was given, the debt was not paid, and ascertains the amount, decrees its payment on or before a specified time, and in default thereof that the premises be sold and the equity of redemption barred, except such as is given by the statute, and if not redeemed, the master make, execute and deliver a deed to the purchaser and report to the court. “And it was further ordered, adjudged…
2Cited by23 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Cary v. RichardsonSupreme Court of Louisiana · 1883
- Allison v. DrakeIllinois Supreme Court · 1892
- Gray v. AmesIllinois Supreme Court · 1906
- DeGrasse v. H. W. Gossard Co.Illinois Supreme Court · 1908
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