Eldridge v. Pierce
Illinois Supreme Court
Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. Bill was filed by Clement L. Pierce and John L. Woodmansee, in the court below, against Truman Eldridge and others, praying for the foreclosure of a mortgage.
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Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. Bill was filed by Clement L. Pierce and John L. Woodmansee, in the court below, against Truman Eldridge and others, praying for the foreclosure of a mortgage. It is alleged that the mortgage was executed by Joseph Woods, on the 8th of September, 1873, to Pliny F. Axtel, on lot 2, in block 9, and the north one-fifth of lot 3, in block 9, in the town of Roseville, in Warren county, to secure the payment of two promissory notes of the same date, given by Woods to Axtel, each for the sum of $100, one…
1Opinion of the CourtJustice Scholeield
Preliminary to a consideration of the main question arising on this record, it is necessary to notice an objection urged by appellees’ counsel, to the pleadings. It is insisted Eldridge does not, in his answer, set up such facts as clearly show that the Woods had a homestead right in the property covered by the mortgages, when the mortgage to Axtel wás executed. Under the pleadings, this was not made a question on the trial below. Appellees, by their bill as amended, expressly allege that the property was occupied by “Joseph Woods, and his wife, Isabel L. Woods, and his family, as a…
2Cases cited2 opinions
- McDonald v. CrandallIllinois Supreme Court · 1867
- Turner v. BennettIllinois Supreme Court · 1873
3Cited by27 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Smith v. County of LoganIllinois Supreme Court · 1918
- Sherrid v. SouthwickMichigan Supreme Court · 1880
- Cochran v. CutlerAppellate Court of Illinois · 1976
- Browning v. HarrisIllinois Supreme Court · 1881
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