Bradley v. Snyder
Illinois Supreme Court
The bill in this case alleges, that in July, 1838, Elias Thompson was the owner of the west half of the south-east quarter of section nine, in town thirteen, north of range east of fourth principal meridian, which he mortgaged to the school commissioner to secure the payment of $275, with twelve per cent, interest. Mortgage was recorded in Putnam county, but when Marshall was formed, record transferred.
Read the full summary
The bill in this case alleges, that in July, 1838, Elias Thompson was the owner of the west half of the south-east quarter of section nine, in town thirteen, north of range east of fourth principal meridian, which he mortgaged to the school commissioner to secure the payment of $275, with twelve per cent, interest. Mortgage was recorded in Putnam county, but when Marshall was formed, record transferred. That after mortgage was made and recorded, Thompson and wife, in consideration of $1,000, conveyed the same land to Bradley and wife. That a bill was filed by the school commissioner of…
1Opinion of the Court
Catón, J.
There can be no doubt about the right of the complainants to redeem the premises from the mortgage under which the defendants in possession claim title from the purchaser under the proceedings id foreclose the mortgage. They took from the mortgagor a conveyance of the equity of redemption, and claimed to ,'nold subject to the mortgage. It can matter nothing to the mortgagees or those claiming under the mortgage, whetb.tir the conveyance of the equity of redemption was voluntary or even fraudulent as to creditors. So long as the conveyance was subject to the mortgage, it could not be…
2Cases cited2 opinions
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Vroom v. DitmasNew York Court of Chancery · 1834
3Cited by23 opinions
- Quinn Plumbing Co. Inc. v. New Miami Shores Corp.Supreme Court of Florida · 1930
- Dennis v. Northern Pacific Railway Co.Washington Supreme Court · 1898
- Rodman v. QuickIllinois Supreme Court · 1904
- Seligman v. LaubheimerIllinois Supreme Court · 1871
- Baldwin v. BurtNebraska Supreme Court · 1895
18 more not listed; retrieve them via the Exa API.