Glennon v. Wilcox
Appellate Court of Illinois
Foreclosure. Appeal from the Circuit Court of Cook county; the Hon. Adelor J. Petit, Judge, presiding. Statement by the Court. This is an appeal by-Walter W. Wilcox from an order appointing a receiver of the rents, etc., of certain improved real estate in a mortgage foreclosure proceeding in which appellee filed an intervening petition to enforce a mechanic’s lien upon the mortgaged premises, and also asking for the appointment of a receiver.
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Foreclosure. Appeal from the Circuit Court of Cook county; the Hon. Adelor J. Petit, Judge, presiding. Statement by the Court. This is an appeal by-Walter W. Wilcox from an order appointing a receiver of the rents, etc., of certain improved real estate in a mortgage foreclosure proceeding in which appellee filed an intervening petition to enforce a mechanic’s lien upon the mortgaged premises, and also asking for the appointment of a receiver. The only question arising on this review is: Do the facts stated in the intervening petition, fortified by the affidavits and other proofs heard by the…
1Opinion of the CourtJustice Holdom
To warrant the appointment of a receiver in cases of the nature of the one under discussion two conditions are essential of concurrence, neither of which can be dispensed with. They are, first, that the debtor is insolvent, and, second, that the property on which the lien is sought to be enforced is meagre and scant security for the debt. It nowhere appears in the intervening petition, which is appellee’s pleading, that Wilcox is either insolvent or that the premises on which appellee seeks to establish a mechanic’s lien is insufficient security for his claims, which he avers is paramount to…
2Cases cited5 opinions
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Haas v. Chicago Building SocietyIllinois Supreme Court · 1878
- Southern Building & Loan Ass'n v. CareyCourt of Appeals for the Sixth Circuit · 1902
- Gooden v. VinkeAppellate Court of Illinois · 1900
- Goodrich v. ThompsonIllinois Supreme Court · 1878
3Cited by2 opinions
- Stevens v. PearsonAppellate Court of Illinois · 1916
- First National Bank v. FrakerAppellate Court of Illinois · 1982