Legal Opinion

Medley v. Elliott

Illinois Supreme Court

Decided January 15, 1872PublishedCited by 20 opinions

Appeal from the Circuit Court of Fulton County; the Hon. C. L. Higbee, Judge, presiding.

1Opinion of the CourtJustice Thornton

The principal question presented by this record is, are the grantees of a mortgagor protected in their title by possession and payment of taxes, under the first section of the limitation law of 1839; and is the mortgagee thereby barred of foreclosure ?

It is the settled law, that in equity a mortgagee has an interest in the premises mortgaged of a personal character similar to the interest which he has in the debt secured. The debt is the principal thing, and the land the incident. The mortgage is only a charge upon the land, and the interest of the mortgagee is a mere chattel interest. Martin…

2Cases cited11 opinions

  1. Hughes v. EdwardsSupreme Court of the United States · 1824
  2. Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
  3. Runyan v. MersereauNew York Supreme Court · 1814
  4. Dunn v. RodgersIllinois Supreme Court · 1867
  5. People v. WoodIllinois Supreme Court · 1952

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3Cited by20 opinions

  1. Schmucker v. SibertSupreme Court of Kansas · 1877
  2. Norris v. IleIllinois Supreme Court · 1894
  3. Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
  4. Jordan v. SayreSupreme Court of Florida · 1888
  5. Ringo v. WoodruffSupreme Court of Arkansas · 1884

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

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