Legal Opinion

Stevens v. Pratt

Illinois Supreme Court

Decided September 30, 1881PublishedCited by 39 opinions

Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge,presiding. This was an action of ejectment, by appellant against appellees, for certain real estate in the city of Chicago, tried in the Superior Court of Cook county. The plea was, hot guilty. Preliminary affidavit was filed showing that the parties O claimed from a common source of title—one Richard B. Appleby.

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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge,presiding. This was an action of ejectment, by appellant against appellees, for certain real estate in the city of Chicago, tried in the Superior Court of Cook county. The plea was, hot guilty. Preliminary affidavit was filed showing that the parties O claimed from a common source of title—one Richard B. Appleby. Appellees claimed under a mortgage executed by said Appleby to the United States Mortgage Company, to secure a note, for money loaned, of $5000, on the 25th of April, 1873, and duly recorded in the proper…

1Opinion of the CourtJustice Scholfield

In the view we take of the questions presented by this record, it will be sufficient to inquire whether the United States Mortgage Company’s acts, in loaning its money to Appleby, and taking from him his note and mortgage therefor, were void. The contention of the counsel for appellant is, they were void, and therefore incapable of imparting rights to anybody, and if this be not correct, the judgment below must be affirmed, without regard to the merits of the other questions discussed. These acts involve no moral turpitude, and they are, in no sensible degree, detrimental to the public…

2Cases cited7 opinions

  1. Carroll v. City of East St. LouisIllinois Supreme Court · 1873
  2. Wincock v. TurpinIllinois Supreme Court · 1880
  3. Pratt v. BrownWisconsin Supreme Court · 1854
  4. People ex rel. Badger v. LœwenthalIllinois Supreme Court · 1879
  5. United States Mortgage Co. v. GrossIllinois Supreme Court · 1879

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3Cited by39 opinions

  1. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
  2. Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
  3. Gross v. United States Mortgage Co.Supreme Court of the United States · 1883
  4. People v. HawkinsMichigan Supreme Court · 1895
  5. People ex rel. Stevens v. Fidelity & Casualty Co. of New YorkIllinois Supreme Court · 1894

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