Legal Opinion

Olds v. Cummings

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 126 opinions

’Weit of Ereoe ' to the Circuit Court of Bureau county; the Hon. M. E. ITollistee, J udge, presiding. ; This was a bill in chancery exhibited in the Circuit Court, by Justin H. Olds against Preston Cummings, Cynthia Cummings, his wife, and others, asking the foreclosure of a mortgage. It appears that on the 21st of November, 1857, Preston Cummings executed, to the order of Charles L. Kelsey, his two certain promissory notes, both payable some months thereafter.

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’Weit of Ereoe ' to the Circuit Court of Bureau county; the Hon. M. E. ITollistee, J udge, presiding. ; This was a bill in chancery exhibited in the Circuit Court, by Justin H. Olds against Preston Cummings, Cynthia Cummings, his wife, and others, asking the foreclosure of a mortgage. It appears that on the 21st of November, 1857, Preston Cummings executed, to the order of Charles L. Kelsey, his two certain promissory notes, both payable some months thereafter. On the same day on which the notes were executed, Preston Cummings, with his wife, Cynthia Cummings, to secure the payment of these…

1Opinion of the CourtChief Justice CatoN

We do not find it necessary to determine the question whether Olds was a bona fide purchaser of this mortgage or not. In a case submitted subsequent to this one, we have been called upon to examine the question as to how far the rights of the assignee of a mortgage, purchased for a valuable consideration, before due, and in ignorance of any equities or defense, .shall be affected by such defense; and, as this record also presents the question, and as the ‘conclusion at which we have arrived, decides the case, we shall here consider this question and none other.

By the common law, choses in…

2Cited by126 opinions

  1. Peoria & Springfield Railroad v. ThompsonIllinois Supreme Court · 1882
  2. Stiger v. BentIllinois Supreme Court · 1884
  3. Hamilton v. LubukeeIllinois Supreme Court · 1869
  4. Miller v. LarnedIllinois Supreme Court · 1882
  5. Bouton v. CameronIllinois Supreme Court · 1903

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