Legal Opinion

Cotes v. Bennett

Appellate Court of Illinois

Decided July 20, 1899PublishedCited by 4 opinions

Bill to Set Aside a Conveyance.—Trial in the Circuit Court of Peoria County; the Hon. Leslie D. Puterbaugh, Judge, presiding. Decree dismissing the bill for want of equity. Appeal by complainant. Heard in this court at the May term, 1899.

1Opinion of the CourtJustice Dibell

Henry Greenwood, owning certain real estate in Peoria county, mortgaged' it to Frank H. Cotes to secure a debt. Afterward Greenwood conveyed the premises to George W. Bennett, and in the deed it was provided Bennett should assume and pay said mortgage debt. Still later Cotes filed a bill against Greenwood and wife and Bennett to foreclose said mortgage, and had a decree, which, after awarding foreclosure for $1,059.75 with legal interest from December 9, 1897, provided that if the moneys arising from the sale of the mortgaged premises should be insufficient to pay the amount of the decree and…

2Cases cited2 opinions

  1. Ladd v. JudsonIllinois Supreme Court · 1898
  2. Fitzsimmons v. MunchAppellate Court of Illinois · 1898

3Cited by4 opinions

  1. Dammann v. ConnollyAppellate Court of Illinois · 1907
  2. Keithley v. Interstate Bank & Trust Co.Appellate Court of Illinois · 1910
  3. People v. JamisonAppellate Court of Illinois · 1910
  4. Millikin National Bank v. GebhartAppellate Court of Illinois · 1927

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