Schultze v. Houfes
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a bill in chancery, filed in the circuit court of Cook county by appellee against appellants, for the foreclosure of a deed of trust.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a bill in chancery, filed in the circuit court of Cook county by appellee against appellants, for the foreclosure of a deed of trust. It alleged the following facts: On February 5, 1870, appellee loaned John Hash $4500, for which he executed to her his promissory note and a mortgage on certain premises, to secure the payment of the same, which note and mortgage were afterwards destroyed by the Chicago fire of 1871.…
1Opinion of the CourtChief Justice Dickey
But a single question is necessary to be considered in the determination of this case. It appears, from undisputed testimony, that both Mrs. Houfes and Sehultze acted in good faith, and actually paid the money to secure the payment of which the trust deeds were executed. The trust deed in favor of Mrs. Houfes was executed and delivered February 5, and was simply a continuation of the old mortgage. The trust deed in favor of Sehultze was executed March 26, recorded March 27, but was not delivered nor did Sehultze pay his money until April 8, on which day the Houfes trust deed was recorded. The…
2Cited by7 opinions
- Home Savings & Loan Ass'n v. BurtonWashington Supreme Court · 1899
- Freutel v. SchmitzIllinois Supreme Court · 1921
- Schimberg v. WaiteAppellate Court of Illinois · 1901
- Jenkins v. BauerAppellate Court of Illinois · 1881
- Desmond v. LanphierAppellate Court of Illinois · 1899
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