Everingham v. National City Bank
Appellate Court of Illinois
Appeal from the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. In February, 1884, William Butters executed to Ann Armour a mortgage upon 207 acres of land in- La Salle County, to secure the payment of $3,000 in five years, with seven per cent, interest, and said mortgage is still a valid and subsisting lien upon said land.
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Appeal from the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. In February, 1884, William Butters executed to Ann Armour a mortgage upon 207 acres of land in- La Salle County, to secure the payment of $3,000 in five years, with seven per cent, interest, and said mortgage is still a valid and subsisting lien upon said land. On February 9, 1887, the firm of Hash, Wright & Company, obtained a judgment by confession in the Circuit Court of La Salle County for $3,626.21 and costs against said William Butters and James B. Butters, and on the same day execution was…
1Opinion of the CourtBaker, J.
In respect to personal property, the general rule is that executions are to be satisfied in the order of their priority, the writ first delivered to the officer taking precedence" as the first lien, and the others following in the order in which they are received. This rule obtains even though the first seizure may have been made on a subsequent execution; and if the Sheriff has more than one execution in his hands he should apply the proceeds of sale on the elder writ, for the sale is not for the benefit of the particular writ which is first levied, or under which the sale is made, but for…
2Cases cited10 opinions
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- Kellogg v. GriffinNew York Supreme Court · 1820
- Herrick v. SwartwoutIllinois Supreme Court · 1874
- Gilmore v. DavisIllinois Supreme Court · 1877
- Deloach & Wilcoxson v. MyrickSupreme Court of Georgia · 1849
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