Glos v. Furman
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Kane county; the Hon. Henry B. Willis, Judge, presiding. This was a bill in equity, brought by appellee to set aside a trust deed executed by Henry L. and Lucy M. Glos to Fred H. Blume, trustee, as a cloud upon her title to the premises described in the bill.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Kane county; the Hon. Henry B. Willis, Judge, presiding. This was a bill in equity, brought by appellee to set aside a trust deed executed by Henry L. and Lucy M. Glos to Fred H. Blume, trustee, as a cloud upon her title to the premises described in the bill. The bill of complaint averred that appellee was the owner in fee simple, and possessed of the real estate therein described; that she has a good title in fee simple to the same, in law and equity, under good and sufficient…
1Opinion of the CourtJustice Craig
It is first claimed in the argument of counsel for the appellants that the court erred in overruling the demurrer of Fred H. Blume, the trustee, to the bill, upon the ground that the owner and holder of the note secured by the trust deed was a necessary party to the bill. If it appeared from the bill that the note secured by the trust deed had been endorsed, and was, when the bill was filed, owned and held by a third party, there would be much force in the position of counsel that the owner of the note was a necessary party. But the bill contains no allegation that the note had been endorsed…
2Cases cited4 opinions
- Hodgen v. GutteryIllinois Supreme Court · 1871
- Gage v. RohrbachIllinois Supreme Court · 1870
- Carter v. BarnesIllinois Supreme Court · 1861
- Gage v. BillingsIllinois Supreme Court · 1870
3Cited by7 opinions
- Hall v. WatermanIllinois Supreme Court · 1906
- In Re Application of ReinegerCalifornia Supreme Court · 1920
- Rackemann v. TiltonIllinois Supreme Court · 1908
- Tillotson v. FosterIllinois Supreme Court · 1923
- Chicago Coating Company, LLC v. United StatesUnited States Court of Federal Claims · 2017
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