Long v. Rogers
District Court, N.D. Illinois
This was a bill to set aside a sale on a trust deed given by William H. Rogers to William H. King, to secure a certain indebtedness in the trust deed described. The facts in the case were undisputed.
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This was a bill to set aside a sale on a trust deed given by William H. Rogers to William H. King, to secure a certain indebtedness in the trust deed described. The facts in the case were undisputed. The trust deed was given by Rogers to King to secure an indebtedness, and subsequently the party borrowed of the Equitable Insurance Company $4,000, for which he gave a second trust deed to one Montgomery, upon the same security, the Equitable Insurance Company being the beneficiary in the second trust ■deed. By the fire of October 9, 1871, the Equitable Insurance Company was rendered insolvent,…
1Opinion of the Court
BLODGETT, District Judge.
It is not disputed that Long, the assignee, did hold all the rights which the Equitable Insurance Company held by virtue of the Montgomery trust deed, which was the second one given. In regard to the first point, namely, that of fraudulent combination between Rogers, the mortgagor, and Smith, the purchaser, and Fisher, the holder of the note, I do not think the evidence sufficient to sustain the allegation or entitle the party to relief on that ground.
In regard to the second point, namely, that the sale was irregular because it was made at the ruins of the door of the…
2Cases cited2 opinions
- Waller v. ArnoldIllinois Supreme Court · 1874
- Gregory v. ClarkeIllinois Supreme Court · 1874