Murphy v. Abbott
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is an appeal from an order committing appellants for contempt for the violation of a decree of the circuit court, requiring them to deliver possession of a house which, it is claimed, belongs to appellee by virtue of a decree in certain foreclosure proceedings to which appellants were parties defendant.
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Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is an appeal from an order committing appellants for contempt for the violation of a decree of the circuit court, requiring them to deliver possession of a house which, it is claimed, belongs to appellee by virtue of a decree in certain foreclosure proceedings to which appellants were parties defendant. It appears that appellee filed a bill against appellants and others, to foreclose a mortgage upon certain property, including lots 16 and 17 in the block and subdivision named in the bill. The decree…
1Opinion of the CourtWilson, J.
Various questions were discussed upon the hearing by counsel for appellants, in relation to the power of a court of chancery in foreclosure proceedings to enforce its decree for the surrender of possession by proceedings for contempt, and as to the proper remedy when possession, is refused, which it is 'unnecessary to consider, as the order for commitment must be reversed upon other grounds which will dispose of tire case..
The record fails to show that the steps prescribed by the decree, as well as required by the proper practice of courts of chancery in foreclosure suits, were taken to…
2Cases cited1 opinion
- Bennett v. MatsonIllinois Supreme Court · 1866
3Cited by1 opinion
- Cook v. MoultonAppellate Court of Illinois · 1896