Miller v. Cook
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Jefferson county; the Hon. C. C. Boggs, Judge, presiding.' On July 15,1885, Adolphus Miller filed his bill against Cook ■and Tanner, alleging complainant had an interest in 16Of- feet off of the west end of lot 48, block 7, in Mt.
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Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Jefferson county; the Hon. C. C. Boggs, Judge, presiding.' On July 15,1885, Adolphus Miller filed his bill against Cook ■and Tanner, alleging complainant had an interest in 16Of- feet off of the west end of lot 48, block 7, in Mt. Vernon, Illinois, -as mortgagee of D. 0. Warren, by mortgage dated May 4, 1881, recorded May 6,1881, given to secure $3000 loaned to Warren, still due and owing to complainant; that he relies upon said real estate for security for the payment thereof,…
1Opinion of the CourtJustice Bakes
The claim so strenuously urged by appellees, Cook and others, that the findings of fact made in this cause by the Appellate Court are final and conclusive, is wholly inadmissible. The very numerous cases cited in behalf of such contention were all actions at law, which were governed by the provisions, of the Practice act, and the rule which prevailed in them has. no application to this suit in equity. It is the practice of this court, in reviewing causes in chancery, to examine and determine for itself the truth in respect to controverted questions of fact, from the evidence in the record,…
2Cases cited9 opinions
- Iglehart v. WessonIllinois Supreme Court · 1866
- Bowers v. AndrewsMississippi Supreme Court · 1876
- Keepfer v. ForceIndiana Supreme Court · 1882
- Plain v. RothIllinois Supreme Court · 1883
- Altes v. HincklerIllinois Supreme Court · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Schock v. FishSupreme Court of Oklahoma · 1914
- Burton v. PerryIllinois Supreme Court · 1893
- City of Chicago v. CollinIllinois Supreme Court · 1922
- McCarthy v. Union Pac. Ry. Co.Wyoming Supreme Court · 1942
- Kelly v. GalbraithIllinois Supreme Court · 1900
31 more not listed; retrieve them via the Exa API.