Mulvey v. Carpenter
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. This was a bill in chancery, filed by Daniel H. Carpenter and Amos F. Tompkins, against Junius Mulvey, to set aside a sale on execution of land, a redemption and re-sale on a second execution. The court below decreed the relief sought, but required of the complainants the amount paid by the defendant. The opinion of the court states the substance of the material facts.
1Opinion of the CourtChief Justice Scott
Whether titles, which, it is said, parties have acquired to the lands in controversy from Wiltberger, while the decree of foreclosure in the case of Wiltberger v. Embree et al. remained in force, and before it was reversed in this court, will prevail over titles previously acquired from Embree, the mortgagor, is a question that has no relation to the merits of the present controversy, and we shall not now discuss that branch of the case. So far as the mortgage claim was presented by the original bill, it was formally withdrawn on the hearing, it appearing that appellant’s wife held that…
2Cases cited1 opinion
- Johnson v. BakerIllinois Supreme Court · 1865
3Cited by5 opinions
- Chicago & Great Western Railroad Land Co. v. PeckIllinois Supreme Court · 1885
- Holcomb v. BoyntonIllinois Supreme Court · 1894
- Roberts v. St. Louis Merchants' Land Improvement Co.Supreme Court of Missouri · 1895
- Union Iron Works v. Bassick Mining Co.Supreme Court of Colorado · 1887
- Boynton v. HolcombAppellate Court of Illinois · 1893