Warnecke v. Lembca
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was a bill in chancery, by Johann Lembca against Louis Warnecke, Johanna Warnecke, his wife, Conrad Warnecke and Walburga Bauscher, to redeem certain real estate from a sale under a trust deed. The opinion of the court states the grounds upon which the relief was sought. The court below allowed the redemption.
1Opinion of the CourtJustice Scott
This bill was to redeem the land in controversy from a sale made under a trust deed, for default in the payment of the indebtedness thereby secured. The trustee named in the deed, who ivas clothed with the power to make the sale, having died, the sale Avas made by Walburga Eauscher, his avíJoav and the administratrix of his estate. It Avas provided in the trust deed, in default of the payment of the notes secured, or any part thereof, on application of the legal holder, “John Eauscher, or his legal representative,” should advertise, sell and convey the land as the attorney of the grantor.
The…
2Cases cited4 opinions
- Hamilton v. LubukeeIllinois Supreme Court · 1869
- Pardee v. LindleyIllinois Supreme Court · 1863
- Strother v. LawIllinois Supreme Court · 1870
- Mason v. AinsworthIllinois Supreme Court · 1871
3Cited by19 opinions
- Griswold v. . SawyerNew York Court of Appeals · 1891
- Waughop v. BartlettIllinois Supreme Court · 1896
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- In Re Estate of RoselliAppellate Court of Illinois · 1979
- Ewing v. JonesIndiana Supreme Court · 1892
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