Stone v. Billings
Appellate Court of Illinois
Foreclosure, of trust deed. Error to the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in this court at the March term, 1896.
1Opinion of the Court
Mr. Presiding Justice Gary
delivered the opinion oe the Court.
The defendants in error filed their bill to foreclose a trust deed in the nature of a mortgage executed by the plaintiffs in error, who are husband and wife, to secure, Avith a comparatively small exception, a debt already in judgment against the plaintiffs in error, for which a new note was given. It is doubtless true that the debt was originally wholly that of the husband, and that she might have procured the vacation of the judgment so far as it affected her, so that in executing the new note and the deed, she only became surety…
2Cases cited12 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Jevne & Almini v. OsgoodIllinois Supreme Court · 1870
- Heffron v. GageIllinois Supreme Court · 1894
- Reynolds v. McMillanIllinois Supreme Court · 1872
- Blake v. BlakeIllinois Supreme Court · 1873
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3Cited by1 opinion
- Swern v. ChurchillAppellate Court of Illinois · 1910