McCormick v. Wilcox
Illinois Supreme Court
On 23rd January, 1859, Wilcox filed in the Hancock Circuit Court, a bill in chancery, stating that on the 16th day of June, 1856, Thomas McCormick executed two promissory notes of that date, to Daniel A. Burr, payable, one on 22nd May, 1857, for $400, the other payable 22nd May, 1858, for $500, both at six per cent, interest. On 25th June, 1857, when only $257 of said note had been paid, said note was indorsed to Wilcox.
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On 23rd January, 1859, Wilcox filed in the Hancock Circuit Court, a bill in chancery, stating that on the 16th day of June, 1856, Thomas McCormick executed two promissory notes of that date, to Daniel A. Burr, payable, one on 22nd May, 1857, for $400, the other payable 22nd May, 1858, for $500, both at six per cent, interest. On 25th June, 1857, when only $257 of said note had been paid, said note was indorsed to Wilcox. On 16th June, 1856, said Thomas McCormick and Harriet B., his wife, mortgaged to said Burr the south-east 28, in town 7 north, 6 west of 4th principal meridian, in Hancock…
1Opinion of the CourtCaton, C. J.
As the two first errors assigned were abandoned on the argument, it will be unnecessary further to notice them.
The others raise but two questions, which may be disposed of almost as briefly. The first objection is, that the mortgage was on the homestead of the mortgagors, and that there is no release of the homestead right in the body of the mortgage or in the acknowledgment. The bill, which was taken for confessed, shows that the mortgagors resided upon and occupied the mortgaged premises at the time the bill was filed, but there is no intimation that it was their homestead at the time the…
2Cited by5 opinions
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