Legal Opinion

Darst v. Bates

Illinois Supreme Court

Decided June 16, 1880PublishedCited by 16 opinions

Appeal from the Appellate Court for the Second District; the Hon.N. J. Pillsbury, presiding Justice, and the Hon. Joseph Sibley and Hon. Edwin S. Leland, Justices.

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Appeal from the Appellate Court for the Second District; the Hon.N. J. Pillsbury, presiding Justice, and the Hon. Joseph Sibley and Hon. Edwin S. Leland, Justices. On the 19th day of January, 1856, Warren Hall and Ashbel Hurlburt mortgaged lots 3, 4 and 5, in block 8, in the city of Peoria, (on Avhich was the Peoria House,) to Augustus O. Garrett, to secure the payment of $29,500, exclusive of interest, evidenced by thirteen promissory notes, the last ten of AA’hich were dated September 1, 1855, payable in one, íaa'o, three, four, five, six, seven, eight, nine and ten years from date, for…

1Opinion of the CourtJustice Scholfield

When this case was in this court at a former term,—Darst v. Bates et al. 51 Ill. 439,—the court was under the impression that the notes described in the deed of trust, which was executed by Hall and Hurlburt to Alden as trustee, had been renewed from time to time, and what was then said in respect of the deed of trust was upon that hypothesis. It now very clearly appears, from the examination we have given to the record, that those notes were not renewed. Other notes were given by Hall and Hurlburt to Peter Sweat, and by him indorsed to William G. Bates, which Bates also indorsed, and,…

2Cases cited5 opinions

  1. Rogers v. Trustees of Schools of Township 23Illinois Supreme Court · 1868
  2. Wayman v. CochraneIllinois Supreme Court · 1864
  3. Darst v. BatesIllinois Supreme Court · 1869
  4. Nelson v. First National BankIllinois Supreme Court · 1868
  5. Strother v. LawIllinois Supreme Court · 1870

3Cited by16 opinions

  1. Chicago Title and Trust Co. v. RobinIllinois Supreme Court · 1935
  2. Union National Bank v. International BankIllinois Supreme Court · 1888
  3. Mitchell v. West End Park Co.Supreme Court of Georgia · 1930
  4. Tudor v. FirebaughAppellate Court of Illinois · 1940
  5. Chicago Title & Trust Co. v. SuterAppellate Court of Illinois · 1936

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