Williams v. Chapman
Illinois Supreme Court
This was an action in ejectment, brought by Williams against the defendant, Chapman. On the trial, Williams declared his title through the grantee from the government in 1843, by virtue of the foreclosure of a mortgage and sale under it, by deed dated March 27th, 1854. The mortgage under which he derived title was dated September 21st, 1844, filed for record for the 25th of November following.
Read the full summary
This was an action in ejectment, brought by Williams against the defendant, Chapman. On the trial, Williams declared his title through the grantee from the government in 1843, by virtue of the foreclosure of a mortgage and sale under it, by deed dated March 27th, 1854. The mortgage under which he derived title was dated September 21st, 1844, filed for record for the 25th of November following. Judgment of foreclosure of mortgage was on September 11th, 1852. The evidence for defendant was the record of a petition, proceedings thereon, and decree in a case for a mechanic’s lien, in which…
1Opinion of the CourtScates, C. J.
The conflicting titles, here—each of which alone would appear sufficient—must depend upon the priority of lien. The one being by mortgage filed for record 25th November, 1844, subsequently foreclosed by sci. fa. against mortgagor, and a sale and deed; the other, on decree on petition for mechanic’s lien, on a general contract for day labor as a millwright, at their value, commenced on a mill about 1st August, 1844, and completed about 29th May, 1845, with suit within six months, against mortgagor and others, not this plaintiff, a decree, execution, sale and deed.
As the question appears, and…
2Cited by13 opinions
- Granquist v. Western Tube Co.Illinois Supreme Court · 1909
- Huttig Bros. Manufacturing Co. v. Denny Hotel Co.Washington Supreme Court · 1893
- Detroit Steel Products Co. v. HudesAppellate Court of Illinois · 1958
- Petroline Co. v. Advanced Environmental Contractors, Inc.Appellate Court of Illinois · 1999
- Leffers v. HayesAppellate Court of Illinois · 1945
8 more not listed; retrieve them via the Exa API.