McCumber v. Gilman
Illinois Supreme Court
The judgment in this case was rendered by T. C. Browne, Justice, at April term, 1846, of the Boone Circuit Court. The plaintiffs in error, minor children of the mortgagor, now deceased, sue out this writ of error. The facts of the case will be found in the opinion of the Chief Justice.
1Opinion of the CourtTreat, C. J.
In August, 1844, McCumber made a note to Gilman, by which he promised to pay, on the 1st of June, 1845, $600, in internal improvement scrip, bearing interest from the 12th of July, 1840, (for scrip of similar description, loaned by Gilman to McCumber,) with three per cent, interest for the use thereof. At the same time, McCumber and wife conveyed certain real estate to Gilman, by way of mortgage, to secure the payment of the note. In April, 1846, Gilman sued out a scire facias against the administrator, widow, and heirs of McCumber, to foreclose the mortgage. A judgment was entered, and a…
2Cases cited2 opinions
- Smith v. DunlapIllinois Supreme Court · 1850
- Jackson, ex rel. Lockwood v. TurnerNew York Supreme Court · 1831
3Cited by4 opinions
- Clawson v. MunsonIllinois Supreme Court · 1870
- Chestnut v. ChestnutIllinois Supreme Court · 1875
- Russell v. BrownIllinois Supreme Court · 1866
- Danville Brick Co. v. YeagerAppellate Court of Illinois · 1933