Cotes v. Bennett
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; — heard in that court on appeal, from the Circuit Court of Peoria county; the Hon. Leslie D. PuterbaugHj Judge, presiding.
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Appeal from the Appellate Court for the Second District; — heard in that court on appeal, from the Circuit Court of Peoria county; the Hon. Leslie D. PuterbaugHj Judge, presiding. This was a bill in chancery filed by appellant for a decree declaring a certain deed and a certain mortgage executed by appellee George W. Bennett to appellee Fred Bennett to be fraudulent and void as against the rights of the complainant, whom the bill alleged to be a judgment or decree creditor of the said George W. Bennett. The answers filed by the appellees denied the charges of fraud, and also denied that the…
1Opinion of the CourtJustice Boggs
It is only in virtue of power conferred by the statute a money decree can be rendered by a court of chancery in a foreclosure proceeding against the mortgagor or other person liable for the mortgage debt. (8 Am. & Eng. Ency. of Law, 264.) Section 16 of chapter 95 of the Revised Statutes, entitled “Mortgages,” authorizes courts in this State to render such decrees “for any balance of money that may be found due to the complainant over and above the proceeds of the sale or sales” of the mortgaged premises, and provides that such a decree may be conditionally rendered at the time the decree of…
2Cases cited2 opinions
- Webster v. FlemingIllinois Supreme Court · 1899
- Ladd v. JudsonIllinois Supreme Court · 1898
3Cited by28 opinions
- Attebery v. BlairIllinois Supreme Court · 1910
- Bouton v. CameronIllinois Supreme Court · 1903
- Conerty v. RichtsteigIllinois Supreme Court · 1942
- Farmer City State Bank v. Champaign National BankAppellate Court of Illinois · 1985
- Eggleston v. MorrisonIllinois Supreme Court · 1900
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