Moore v. Hopkins
Illinois Supreme Court
Appeal from the Circuit Court of La Salle county; the Hon. Edwin S. Leland, Judge, presiding. Both parties claim the title to the property in controversy that was in Durfee Chase.
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Appeal from the Circuit Court of La Salle county; the Hon. Edwin S. Leland, Judge, presiding. Both parties claim the title to the property in controversy that was in Durfee Chase. On the 5th day of November, 1870, Durfee Chase being indebted to complainant, he, and his wife joining with him, executed and delivered to complainant a mortgage on the property to secure the indebtedness, and default having been made in the payment of the note by which the indebtedness was evidenced, afterwards, on the 13th day of March, 1873, under a power of sale contained in the mortgage, complainant sold the…
1Opinion of the CourtJustice Scott
The contention is whether defendant, under the facts as they appear in the record, about which there is no controversy, could rightfully redeem the property from the execution sale to Gallup. That question is definitely settled by the former decisions of this court, against the position taken by complainant. When the redemption was made from the former execution sale by the junior judgment creditor, a period of twelve months, but not .fifteen months, from this sale to Gallup had expired. No one claiming to own the property had redeemed the property in the mode provided in the statute. Had the…
2Cases cited1 opinion
- Lloyd v. KarnesIllinois Supreme Court · 1867
3Cited by1 opinion
- Fitch v. WetherbeeIllinois Supreme Court · 1884