Livings v. Wiler
Illinois Supreme Court
Writ or Error to the Superior Court of Chicago; the Hon. John M. Wilson, Chief Justice, presiding. ■ This was a suit in chancery instituted in the court below, by John Wiler against Mariett Livings, Almon Fuller and Augustus Fl’isbie, for the foreclosure of a mortgage alleged to have been executed by the defendant Livings to Frisbie, on the 10th of August, 1857, to secure her note of that date for $3,000, payable two years after date with interest at ten per cent., and…
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Writ or Error to the Superior Court of Chicago; the Hon. John M. Wilson, Chief Justice, presiding. ■ This was a suit in chancery instituted in the court below, by John Wiler against Mariett Livings, Almon Fuller and Augustus Fl’isbie, for the foreclosure of a mortgage alleged to have been executed by the defendant Livings to Frisbie, on the 10th of August, 1857, to secure her note of that date for $3,000, payable two years after date with interest at ten per cent., and assigned by Frisbie to Miller, and by Miller to the complainant. The defendant Fuller claimed to have some interest in the…
1Opinion of the CourtChief Justice Caton
The principal question in this case, and the one to which we have directed most of our attention, is, whether the defendant executed the note and mortgage, or if she did not execute them, then had she so adopted them as to be bound by them. Most certainly, the testimony, when carefully and maturely considered, is of a very extraordinary character. The principal witness for the defense is placed in a very awkward position, to say the least. There is no donbt that his signature to the mortgage as a witness is genuine, and he admits that as such subscribing witness he once, at least, proved the…
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