Stone v. Billings
Illinois Supreme Court
Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding.
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Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. Albert M. Billings, and Cornelius K. G-. Billings, trustee, filed their bill in the Superior Court of Cook county October 13, 1894, to foreclose a deed of trust made by Albert J. Stone and Mary S. Stone, each of whom executed the deed individually and also as the spouse of the other, conveying the property therein described to C. K. G-. Billings as trustee, to secure the payment of a certain sealed promissory note…
1Opinion of the CourtJustice Carter
Counsel for plaintiffs in error have summarized their contentions for a reversal of this decree, as follows: “There are four prominent facts, each clearly stated and set "forth in the answers and amended cross-bill, which were material to be considered in the determination of this case, and which, by the action of the court below in sustaining the exceptions and demurrer, were eliminated from the case. These facts are as follows: First, Mary S. Stone was only a surety for Albert J. Stone; second, the rights of Mary S. Stone as surety, and Billings’ disregard and violation of such rights;…
2Cases cited1 opinion
- Packer v. RobertsIllinois Supreme Court · 1891
3Cited by6 opinions
- Ortman v. KaneIllinois Supreme Court · 1945
- South Side Bank & Trust Co. v. YorkeAppellate Court of Illinois · 1973
- Hammer v. SandersAppellate Court of Illinois · 1955
- Mt. Washington Estates, Inc. v. Brumick Corp.District Court, Virgin Islands · 1974
- Springer v. CochraneAppellate Court of Illinois · 1899
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