Brodhead v. Minges
Illinois Supreme Court
Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. This is a proceeding in chancery by Lucas Brodhead, in the superior court of Cook county, to foreclose two trust deeds in the nature of mortgages. The property against which foreclosure is sought is in litigation in another proceeding.
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Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. This is a proceeding in chancery by Lucas Brodhead, in the superior court of Cook county, to foreclose two trust deeds in the nature of mortgages. The property against which foreclosure is sought is in litigation in another proceeding. The bill alleges that the first mortgage was made by William A. Her ting, in his lifetime, for $13,000, and was by him. endorsed and afterwards transferred and delivered to the complainant for…
1Opinion of the Court
Hr. Justice Wilkin
delivered the opinion of the court:
The only question presented for our decision is, did the Appellate Court err in its judgment dismissing the appeal to that court? We entertain no doubt that its decision is in conformity with the decisions of this court in holding that the decree below was not a final one. It will be seen from the foregoing statement that the last order entered in the cause is not only not a final decree in a foreclosure proceeding, but is interlocutory and leaves the case undisposed of, and also leaves the time as to when it will be again taken up for…
2Cases cited5 opinions
- Grant v. Phoenix Ins. Co.Supreme Court of the United States · 1882
- Blake v. BlakeIllinois Supreme Court · 1875
- Coates v. CunninghamIllinois Supreme Court · 1875
- Sholty v. SholtyIllinois Supreme Court · 1892
- Stubbings v. City of EvanstonIllinois Supreme Court · 1895
3Cited by6 opinions
- Brauer MacHine & Supply Co. Ex Rel. Bituminous Casualty Corp. v. Parkhill Truck Co.Illinois Supreme Court · 1943
- People ex rel. Wilcox v. Drainage CommissionersIllinois Supreme Court · 1918
- Barber v. TolmanAppellate Court of Illinois · 1912
- Steward v. ParsonsAppellate Court of Illinois · 1904
- Reichwein v. McCarthyAppellate Court of Illinois · 1939
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