Gaytes v. Franklin Savings Bank
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. On the 22d day of 'May, 1874, Carol Gaytes filed his bill in the Superior Court, against Mahlon D. Ogden, in which it is alleged, the Kiverside Improvement Company had issued its bonds in the sum of $50,000, payable to bearer, and secured the same by trust deed in the usual form, containing power of sale, in which Ogden was trustee for such parties as should become owners of the…
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Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. On the 22d day of 'May, 1874, Carol Gaytes filed his bill in the Superior Court, against Mahlon D. Ogden, in which it is alleged, the Kiverside Improvement Company had issued its bonds in the sum of $50,000, payable to bearer, and secured the same by trust deed in the usual form, containing power of sale, in which Ogden was trustee for such parties as should become owners of the indebtedness. Default having been made, Ogden, at' the instance of parties directly interested, advertised the property…
1Opinion of the CourtJustice Scott
Without entering upon any discussion of the merits of this case, we think the court failed to enter the proper decree. It appears complainant is, and was, holder of the bonds secured by the deed of trust from the Biverside Improvement Company to Ogden, and whether that fact was known to defendant when he filed his bill to compel conveyance to himself of the lots he alleges he purchased at the sale under the deed of trust, is involved in much doubt by the evidence. But in any event, complainant, or whoever was owner of the indebtedness, was a necessary and indispensable party to that suit.…
2Cited by9 opinions
- Clark v. ManningIllinois Supreme Court · 1880
- Kerfoot v. CroninIllinois Supreme Court · 1881
- Cornell v. Conine-Eaton Lumber Co.Colorado Court of Appeals · 1897
- Cornell v. Conine-Eaton Lumber Co.Colorado Court of Appeals · 1897
- McClair v. HuddartColorado Court of Appeals · 1895
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