Flachs v. Kelly
Illinois Supreme Court
On 22nd August, 1862, complainant Flachs filed his bill in chancery in said Adams Circuit Court, against Maurice Kelly, Clark Ohatten, Gustave Theis, Salome Theis, his wife, and Henry Grimm.
Read the full summary
On 22nd August, 1862, complainant Flachs filed his bill in chancery in said Adams Circuit Court, against Maurice Kelly, Clark Ohatten, Gustave Theis, Salome Theis, his wife, and Henry Grimm. Stating in said bill, that on the 7th day of July, 1855, said Gustave Theis mortgaged to Andrew Keller and Francis Roth, administrators of Valentine Blank, deceased, lots twelve and thirteen in John Wood’s addition to Quincy, Adams county, Illinois, to secure two notes of that date, executed by said Theis and H. Duker, one for $1,000, due in six months, and the other for $1,000, due in twelve months, both…
1Opinion of the CourtWalker, J.
Appellant claimed under a junior mortgage on the premises in controversy. Roth and Keller held the first mortgage on the property, and exhibited a bill to foreclose, and obtained a decree at the March term, 1861, for the sale of the premises, on default in the payment of the money. The property was sold under the decree, and bid in by them on the 3rd day of the following June, in full satisfaction of the decree and mortgage. Appellant, at the same time, obtained a decree for the sale of the premises, to satisfy his mortgage, which authorized him to redeem from the prior mortgage, or any sale…
2Cases cited1 opinion
- Cullum v. ErwinSupreme Court of Alabama · 1842
3Cited by1 opinion
- Illinois National Bank v. Trustees of SchoolsIllinois Supreme Court · 1904