Legal Opinion

Brown v. McKay

Appellate Court of Illinois

Decided December 21, 1893PublishedCited by 6 opinions

Memorandum.—Foreclosure proceedings. Error to the Superior Court of, Cook County; the Hon. Philip Stein, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Oase.

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Memorandum.—Foreclosure proceedings. Error to the Superior Court of, Cook County; the Hon. Philip Stein, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Oase. This was a bill filed July 30, 1892, to foreclose a trust deed, dated December!, 1890, executed by William 0. Brown to Alexander A. McKay, as trustee, upon certain premises described by metes and bounds, containing twenty-five acres situated in Sec. 6, T. 39 IST., B. 13 east, Cook county, to secure Brown’s three notes of $6,666.66 each, payable to John A. McKay, in one, two and three years…

1Opinion of the CourtJustice Waterman

These exceptions require the court to search through the mass of evidence to determine if they are well taken. There is a neglect to point out what the evidence is upon the conelusions of the master, which the party disputes. Such a practice renders the report of the master of no assistance to the courf, and is one which the court is under no obligation to tolerate. Huling v. Farwell, 33 Ill. App. 238; Heffron v. Gore, 37 Ill. App. 257. Where a cause is referred to a master to take testimony and report his conclusions as to the facts, it is not proper for him- to do more than he was ordered,…

2Cases cited10 opinions

  1. Story v. LivingstonSupreme Court of the United States · 1839
  2. Cheltenham Improvement Co. v. WhiteheadIllinois Supreme Court · 1889
  3. Harper v. ElyIllinois Supreme Court · 1870
  4. Hoodless v. ReidIllinois Supreme Court · 1885
  5. Huling v. FarwellAppellate Court of Illinois · 1889

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3Cited by6 opinions

  1. Butler, Stevens & Co. v. Georgia & Alabama RailwaySupreme Court of Georgia · 1904
  2. Wolcott v. Lake View Building & Loan Ass'nAppellate Court of Illinois · 1895
  3. Friedman v. SchoengenAppellate Court of Illinois · 1895
  4. Hodson v. Eugene Glass Co.Appellate Court of Illinois · 1894
  5. Glos v. SwigartAppellate Court of Illinois · 1894

1 more not listed; retrieve them via the Exa API.

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