Kirby v. Runals
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. Lorin C. Collins, Judge, presiding. On May 1, 1888, Alice M. Kirby, the appellant, filed her hill in the Cook circuit court to enjoin appellees from causing the sale, under a decree of foreclosure rendered by said court on March 1, 1876, of certain real estate belonging to her.
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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. Lorin C. Collins, Judge, presiding. On May 1, 1888, Alice M. Kirby, the appellant, filed her hill in the Cook circuit court to enjoin appellees from causing the sale, under a decree of foreclosure rendered by said court on March 1, 1876, of certain real estate belonging to her. On the final hearing the temporary injunction was dissolved and the bill dismissed for want of equity. That decree was affirmed in the Appellate Court. This appeal brings the record…
1Opinion of the CourtJustice Baker
Four contentions are urged by appellant:
First—It is claimed that the foreclosure decree was not final, but interlocutory, only, and therefore was vacated by the order ■of dismissal of April 21, 1880. The decree was, under our understanding of the law, a final decree. It was one from •which either the complainant in the bill or the owners of the «equity of redemption could have prosecuted an appeal, and one under which, after the expiration of the time limited .therein, the master in chancery could have made a sale of the premises. The matters in litigation in the suit, as between Bunals, the…
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