Nichols v. Otto
Illinois Supreme Court
Wbit op Ebbob to the Circuit Court of Cook county; the Hon. T. A. Moban, Judge, presiding. This was a bill in equity, brought by Charles C. Otto and Louisa C. Otto, against William J. Nichols and others, to set aside two deeds made by Nichols to Daniel P. Hathaway, and also a deed from Hathaway to Nichols, purportitig to convey certain premises in Chicago, formerly owned by Charles C. Otto and Louisa C. Otto, the complainants, and also to redeem from two mortgages executed…
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Wbit op Ebbob to the Circuit Court of Cook county; the Hon. T. A. Moban, Judge, presiding. This was a bill in equity, brought by Charles C. Otto and Louisa C. Otto, against William J. Nichols and others, to set aside two deeds made by Nichols to Daniel P. Hathaway, and also a deed from Hathaway to Nichols, purportitig to convey certain premises in Chicago, formerly owned by Charles C. Otto and Louisa C. Otto, the complainants, and also to redeem from two mortgages executed by the complainants to Nichols, under which the premises in question had been sold by Nichols. The facts, briefly stated,…
1Opinion of the CourtJustice Cbaig
A motion was entered in this 'case to dismiss the writ of ■error on the ground that a freehold was not involved. We do not regard the motion as well founded. The complainants allege and claim that they own the title to the premises, while, on the other hand, Nichols claims the title under a sale by virtue of the power contained in a mortgage executed by complainants to him. Both parties claimed title to the premises. The title was thus in issue, and the court, from the evidence, determined that complainants held the title, and entered a •decree divesting the title that Nichols claimed under…
2Cases cited4 opinions
- Sanford v. KaneIllinois Supreme Court · 1889
- Harper v. ElyIllinois Supreme Court · 1870
- Dodge v. BrewerMichigan Supreme Court · 1875
- Chase v. McLellanSupreme Judicial Court of Maine · 1861
3Cited by6 opinions
- McElroy v. AllfreeSupreme Court of Iowa · 1906
- Digging v. AxtellAppellate Court of Illinois · 1915
- Marthaler v. DruidingAppellate Court of Illinois · 1895
- Benckendorf v. Streator Federal Savings & Loan Ass'nAppellate Court of Illinois · 1953
- Cornell v. NewkirkAppellate Court of Illinois · 1892
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