Leiter v. Leiter
Illinois Circuit Court
Bill to-foreclose mortgage. Cross-bill of judgment of judgment creditor to subject funds in hands of receiver to payment of judgment. Order dismissing cross-bill. Motion to set aside same. Heard before Judge Jesse Holdom.
1Opinion of the Court
Holdom, J.:—
This is a motion to set aside an order dismissing the cross-bill of David RanMn, seeking to subject the funds in the hands, of the receiver of the premises foreclosed, to the payment of a judgment held by him as assignee against the mortgagor, T. Benton Leiter.
Subsequent to the sale of the mortgaged premises and during the period of redemption (T. Benton Leiter, mortgagor and judgment debtor, having died soon after the filing of the bill to foreclose) application was made under the statute, in the estate of Leiter, to sell his claim and interest to the mortgaged premises to pay…
2Cases cited6 opinions
- Stow v. KimballIllinois Supreme Court · 1862
- Harding v. Le MoyneIllinois Supreme Court · 1885
- Newell v. MontgomeryIllinois Supreme Court · 1889
- Cutter v. ThompsonIllinois Supreme Court · 1869
- Bowers v. BlockIllinois Supreme Court · 1889
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