Legal Opinion

Elliott v. Magnus

Appellate Court of Illinois

Decided March 3, 1898PublishedCited by 1 opinion

Foreclosure Proceedings.—Appeal from the Circuit Court of Cook .County; the Hon. Oliver H. Horton, Judge, presiding.

1Opinion of the CourtJustice Sears

deliveeed the opinion of the Couet.

Appellant complains that the receiver was permitted to apply rents collected after the foreclosure sale of the mortgaged premises to the payment of liens upon the property for taxes, and contends that the moneys,so expended should have been applied first to the satisfaction of the deficiency decree, and then whatever balance remained should be applied upon the judgment of appellant. In support of this contention counsel cite Davis v. Dale, 150 Ill. 239.

In that case it was held that one who purchased at foreclosure sale necessarily took the estate charged…

2Cases cited2 opinions

  1. Davis v. DaleIllinois Supreme Court · 1894
  2. Fifield v. Gorton, Chapman & Co.Appellate Court of Illinois · 1884

3Cited by1 opinion

  1. Driever v. ShephardAppellate Court of Illinois · 1930

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