Dyer v. Hopkins
Illinois Supreme Court
Appeal from the Circuit Court of Kendall county; the Hon. Clark W. Upton, Judge, presiding. On the 14th of May, 1879, Emily J. Dyer, Franklin E. Dyer, her husband, William Pollock, Caroline Knight, and Carrie E. Dyer, filed their hill in chancery in the office of the clerk of the circuit court of Kendall county, against John A. Knight, Thomas Atherton, Myron Hopkins, and William H. Hopkins, executors, etc., and on the 16th of December, 1880, they filed, in the same office,…
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Appeal from the Circuit Court of Kendall county; the Hon. Clark W. Upton, Judge, presiding. On the 14th of May, 1879, Emily J. Dyer, Franklin E. Dyer, her husband, William Pollock, Caroline Knight, and Carrie E. Dyer, filed their hill in chancery in the office of the clerk of the circuit court of Kendall county, against John A. Knight, Thomas Atherton, Myron Hopkins, and William H. Hopkins, executors, etc., and on the 16th of December, 1880, they filed, in the same office, their amendment to said bill. As amended, it is, among other things, alleged in the bill, that one C. J. Dyer, being the…
1Opinion of the CourtChief Justice Scholfield
It is specifically alleged in the bill that all who are complainants in the present suit were made defendants to the bill to foreclose, and were properly summoned, as such, and before the court when the decree of foreclosure was rendered. They then had an opportunity to set up the defences of usury and payment, and unless they were prevented from doing so by the complainant in that suit, (Robert Hopkins,) they are now estopped from urging such grounds for relief. (Thomson v. Morris et al. 57 Ill. 333; Clubb et al. v. Wise, 64 id. 157.) But the bill alleges that “said Hopkins, conspiring with…
2Cases cited3 opinions
- Bragg v. GeddesIllinois Supreme Court · 1879
- McCann v. AthertonIllinois Supreme Court · 1883
- Thomson v. MorrisIllinois Supreme Court · 1870
3Cited by5 opinions
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- Brant v. HutchinsonAppellate Court of Illinois · 1891
- Kirkham v. HarrisAppellate Court of Illinois · 1936
- Anderson v. OlinAppellate Court of Illinois · 1892