Thompson v. Frew
Illinois Supreme Court
Writ op Error to the Circuit Court of Ford county; the Hon. Owen T. Reeves, Judge, presiding. This was a hill in chancery, exhibited in the Ford circuit court, by Martin B. Thompson, administrator of the estate of Jonas F. Randolph, deceased, against Calvin H. Frew, for partition. The court decreed, on final hearing, in favor of the defendant, and the complainant has thereupon sued out' this writ of error.
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Writ op Error to the Circuit Court of Ford county; the Hon. Owen T. Reeves, Judge, presiding. This was a hill in chancery, exhibited in the Ford circuit court, by Martin B. Thompson, administrator of the estate of Jonas F. Randolph, deceased, against Calvin H. Frew, for partition. The court decreed, on final hearing, in favor of the defendant, and the complainant has thereupon sued out' this writ of error. The material facts are, in brief, as follows : The Illinois - Central Railroad Company, being the owner of all that part of the south-east quarter of the north-east quarter of section 18,…
1Opinion of the CourtJustice Scholeield
The decree of foreclosure in favor of plaintiff in error did not affect the interest which the defendant in error derived by the master’s deed under the partition sale, for the plain reason that the decree of foreclosure was rendered on the 17th of April, 1875, and the master’s sale under the decree for partition did not occur until the 17th of March following (1876.) The failure to make defence as to the interest affected by the foreclosure,—i. e., that which defendant in error obtained by the master’s deed under the decree foreclosing the mortgage of William Goodrich to Laura Ann…
2Cases cited1 opinion
- Hunter v. StoneburnerIllinois Supreme Court · 1879
3Cited by5 opinions
- Davis v. LangIllinois Supreme Court · 1894
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- Davis v. SolariTennessee Supreme Court · 1915
- Spencer v. WileyAppellate Court of Illinois · 1892
- Spencer v. WileyAppellate Court of Illinois · 1892