Taylor v. Dillenburg
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This is a bill in chancery by Hubert L. Taylor, the appellant, filed in the circuit court of Cook county, praying that he maybe permitted to redeem his equity in certain lands in Cook county from a foreclosure, the time for redemption as provided by statute having expired.
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Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This is a bill in chancery by Hubert L. Taylor, the appellant, filed in the circuit court of Cook county, praying that he maybe permitted to redeem his equity in certain lands in Cook county from a foreclosure, the time for redemption as provided by statute having expired. He alleges that the lands were sold under regular foreclosure proceedings on January 4,- 1895, to Nicholas Wantz, for §5022.81, and a certificate of purchase delivered to him; that he afterwards assigned the certificate of purchase to…
1Opinion of the CourtJustice Wilkin
The cross-errors assigned upon this record will be considered first. It is insisted that the court erred in treating the bill as one for redemption from a mortgage foreclosure, and not as one for the specific performance of a contract, and also that the court erred in finding that there was an agreement to extend the time for redemption beyond April 4,1896,—the chief question of fact at issue.
The object of the bill, as appears from the facts alleged and the prayer, is to redeem from the foreclosure sale. It sets up a state of facts which, if true, clearly entitles the complainant, in equity,…
2Cases cited4 opinions
- Davis v. DresbackIllinois Supreme Court · 1876
- Decker v. PattonIllinois Supreme Court · 1887
- Barnard v. CushmanIllinois Supreme Court · 1864
- Sanders v. PeckIllinois Supreme Court · 1889
3Cited by6 opinions
- Wells v. Northern Trust Co.Illinois Supreme Court · 1902
- Chicago & South Side Rapid Transit R. R. Co. v. Northern Trust Co.Appellate Court of Illinois · 1900
- Wright v. LoganAppellate Court of Illinois · 1937
- Odell v. LevyAppellate Court of Illinois · 1922
- Rodman v. QuickIllinois Supreme Court · 1905
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