Smith v. Billings
Appellate Court of Illinois
Bill for Foreclosure.—Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tüthill, Judge, presiding. Heard 'in this court at the October term, 1895, Statement op the Case.
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Bill for Foreclosure.—Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tüthill, Judge, presiding. Heard 'in this court at the October term, 1895, Statement op the Case. This case was begun by filing a bill in chancery in said Circuit Court Hay 17, 1894, whereby the complainant, Albert H„ Billings, seeks to foreclose a trust deed made by appellant, Charles D. F. Smith, and his wife, by which they, on the 24th of November, 1890, convejmd to complainant, C. K. G-. Bill ings, trustee, certain premises, then and now the homestead of appellant, to secure three notes made by…
1Opinion of the CourtJustice Waterman
Appellant insists that he is entitled to a set-off against the amount due upon his note and mortgage in process of foreclosure the amounts he claims to be due him in respect to matters entirely disconnected with the subject-matter of the foreclosure suit; this, he insists, is his right. Appellant claims that the mortgagee is, and was at the time the mortgage and notes were made, indebted to him, the mortgagor, in and for large sums of money, then unknown to him, held for him. There is no showing that the matter of these newly-discovered claims- against the mortgagee have any connection with,…
2Cases cited12 opinions
- Cummings v. PeopleIllinois Supreme Court · 1869
- De Forrest v. OderIllinois Supreme Court · 1867
- Litch v. ClinchIllinois Supreme Court · 1891
- Cox v. PierceIllinois Supreme Court · 1887
- Derby v. GageIllinois Supreme Court · 1865
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3Cited by10 opinions
- Bank of Chicago-Garfield Ridge v. Park National BankAppellate Court of Illinois · 1992
- Illinois Minerals Co. v. MillerAppellate Court of Illinois · 1946
- Horn v. NobleAppellate Court of Illinois · 1901
- Turnbull Joice Lumber Co. v. Chicago Lumber & Coal Co.Appellate Court of Illinois · 1910
- Clark v. Cannon Steel Erection Co.Appellate Court of Illinois · 2005
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