Darst v. Bates
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. S. D. Putebbattgh, Judge, presiding. On the 19th day of January, 1856, Warren Hall and Ash-hell Hurlburt, being the owners of lots three, four and five, in block eight, in the city of Peoria, on which the Peoria House is situated, executed a mortgage thereon to Augustus O. Garrett, to secure the payment of a number of promissory notes, amounting in the aggregate to $30,000. While Garrett still held the notes and…
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Appeal from the Circuit Court of Peoria county; the Hon. S. D. Putebbattgh, Judge, presiding. On the 19th day of January, 1856, Warren Hall and Ash-hell Hurlburt, being the owners of lots three, four and five, in block eight, in the city of Peoria, on which the Peoria House is situated, executed a mortgage thereon to Augustus O. Garrett, to secure the payment of a number of promissory notes, amounting in the aggregate to $30,000. While Garrett still held the notes and mortgage, he executed a release, postponing the lien of his mortgage to a trust deed which was executed on the same premises…
1Opinion of the CourtJustice Walker
This was a bill in chancery, brought by appellant, in the Peoria Circuit Court, against appellees, to foreclose a mortgage dated January 19th, 1856, executed by Hall and Hurlburt to Augustus O. Garrett, to secure the payment of a number of promissory notes, amounting in the aggregate to the sum of $30,000. The last matured in 1866. It appears that the notes and mortgage were assigned by Garrett to appellant, who holds the notes remaining unpaid. Freeman was in possession under a lease from Hall, who had previously purchased the interest of Hurlburt. It appears that a portion of the notes were…
2Cited by17 opinions
- Darst v. BatesIllinois Supreme Court · 1880
- Moore v. TopliffIllinois Supreme Court · 1883
- Roane v. BakerIllinois Supreme Court · 1887
- Robbins v. SlavinAppellate Court of Illinois · 1937
- Hardin v. OsborneIllinois Supreme Court · 1871
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