Hitchcock v. Fortier
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. S. D. Puteebaugh, Judge, presiding. This was a bill in chancery, by the appellee against McFadden and others, for the foreclosure of a mortgage given by McFadden in April, 1849. The appellant, who was made a defendant, filed a cross-bill to foreclose a second mortgage given by McFadden on the same property. The material facts are stated in the opinion.
1Opinion of the CourtChief Justice Lawrence
On the 18th of April, 1849, Angelica Fortier, claiming certain property in the city of Peoria, sold the same to one McFadden, and, with her husband, executed to him a conveyance covenanting that she was sole heir of one Francis Willette, and that the grantors would Avarrant against all persons claiming through them. McFadden executed to Fortier his notes for the unpaid portion of the purchase money, and secured them by a mortgage on the same premises. The mortgage contained full covenants.
McFadden, in February, 1850, bought from one Murray another title to a portion of the premises, under…
2Cited by12 opinions
- Lagger v. Mutual Union Loan & Building Ass'nIllinois Supreme Court · 1893
- Randall v. LowerIndiana Supreme Court · 1884
- Branch v. BarnesAppellate Court of Illinois · 1958
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Haney v. RoyMichigan Supreme Court · 1884
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