Kingman v. Harmon
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding. This was a bill brought by Matthew Kingman to foreclose two mortgages executed by Patrick Harmon, as guardian of William and o Mary Boylan, under two orders or decrees of the county court of Peoria county.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding. This was a bill brought by Matthew Kingman to foreclose two mortgages executed by Patrick Harmon, as guardian of William and o Mary Boylan, under two orders or decrees of the county court of Peoria county. The first mortgage was executed February 26, 1880, given to secure $2000, payable in three years, with eight per cent interest, payable annually. The second was given to secure $925, and was executed March 24, 1881, due…
1Opinion of the CourtJustice Craig
It is apparent from the record that Matthew Kingman, in making the loans to Patrick Harmon, and in taking the two mortgages to secure the loans, acted in perfect good faith. So far as appears, he had no knowledge that the guardian of William and Mary Boylan was mismanaging or squandering the moneys belonging to his wards, and if there was any way in which he could recover the money loaned without doing violence to the rights of others, he ought, in equity and good conscience, to do so.
It has been claimed in the argument, that the orders or decrees of the county court authorizing the guardian…
2Cases cited1 opinion
- Illinois Land & Loan Co. v. BonnerIllinois Supreme Court · 1874
3Cited by9 opinions
- Hall v. WatermanIllinois Supreme Court · 1906
- Eldred v. MeekIllinois Supreme Court · 1899
- Temple v. ScottIllinois Supreme Court · 1892
- Fidelity & Columbia Trust Co. v. TiffanyCourt of Appeals of Kentucky · 1924
- Hignett v. ShermanSupreme Court of Colorado · 1924
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