Legal Opinion

Dupuy v. Gibson

Illinois Supreme Court

Decided November 15, 1864PublishedCited by 11 opinions

Appeal from the Circuit Court of Richland county; the Hon. Aabon Shaw, Judge, presiding. This was a suit in equity, brought by William L. Dupuy, against Isaac Gibson, John M. Wilson, William T. Sheley, John Bradford, David McGraw, John I. Moore, and William H. Cord, to the June term, 1860, of the Richland Circuit Court, to foreclose a chattel mortgage.

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Appeal from the Circuit Court of Richland county; the Hon. Aabon Shaw, Judge, presiding. This was a suit in equity, brought by William L. Dupuy, against Isaac Gibson, John M. Wilson, William T. Sheley, John Bradford, David McGraw, John I. Moore, and William H. Cord, to the June term, 1860, of the Richland Circuit Court, to foreclose a chattel mortgage. The bill charges, that Cord was indebted to complainant in the sum of $562.65, with interest from the 12th day of May* 1852, at ten per cent, interest, as agreed upon by the parties, which indebtedness was due, on a decree of the Fleming…

1Opinion of the CourtChief Justice Walker

This was a bill in equity, filed to 'foreclose a chattel mortgage. It makes the mortgagor and subsequent incumbrancers parties. It prays a foreclosure and sale of the property. A demurrer was filed to the bill, which was overruled by the court. Afterwards a motion was entered to dismiss the bill, for a want of equity, when complainant entered a cross-motion for leave to amend the bill. The latter motion was overruled, and the former allowed, and the bill was dismissed at complainant’s costs. We are aware of no practice, either in Great Britain or this country, which sanctions the practice of…

2Cited by11 opinions

  1. Knapp, Stout & Co. v. McCaffreySupreme Court of the United States · 1900
  2. Ostrander v. . WeberNew York Court of Appeals · 1889
  3. Knapp, Stout & Co. Co. v. McCaffreyIllinois Supreme Court · 1899
  4. Lowden v. WilsonIllinois Supreme Court · 1908
  5. Rothstein v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1927

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