Warner v. Connecticut Mutual Life Insurance
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. Bill to foreclose a mortgage, and cross-bill to have the mortgage set aside. The appellees filed the bill as plaintiffs in the court below, against the appellants and one Charles Gr. Beers, their brother, and against other parties, to foreclose a mortgage on real estate in Chicago.
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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. Bill to foreclose a mortgage, and cross-bill to have the mortgage set aside. The appellees filed the bill as plaintiffs in the court below, against the appellants and one Charles Gr. Beers, their brother, and against other parties, to foreclose a mortgage on real estate in Chicago. The appellants filed in that suit their cross-bill, setting forth their title to the mortgaged property, alleging that the mortgage was a cloud upon it, and praying a decree for the discharge'of the mortgage. The controversy…
1Opinion of the CourtJustice Matthews
After reviewing the principal facts, he said:
This extension of the time of payment of the mortgage debt was made without any consent thereto on the part of the appellants.
It is claimed on their behalf that, as owners of the estate mortgaged by the testatrix to secure the debt of her husband, they are in a position of sureties, and that the extension of time for the payment of the debt, without authority from them, is, in equity, a discharge of the hen of the mortgage.
■ The appellee insists, in reply to this claim, that the agreement by which further time was given for the payment of the…
2Cases cited4 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- White v. . HicksNew York Court of Appeals · 1865
- Blake v. HawkinsSupreme Court of the United States · 1879
3Cited by33 opinions
- Lee v. SimpsonSupreme Court of the United States · 1890
- Lindley v. O'ReillySupreme Court of New Jersey · 1888
- Ladd v. ChaseMassachusetts Supreme Judicial Court · 1892
- Orr v. RodeSupreme Court of Missouri · 1890
- De Pass v. the Kansas Masonic Home Corp.Supreme Court of Florida · 1938
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