Makeel v. Hotchkiss
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. One Charles H. Briggs became the owner of the Alabama Hotel property, in Chicago, subject to a deed of trust in the nature of a mortgage given by a former owner to secure an indebtedness of $16,000 to Edward Hotchkiss, and interest.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. One Charles H. Briggs became the owner of the Alabama Hotel property, in Chicago, subject to a deed of trust in the nature of a mortgage given by a former owner to secure an indebtedness of $16,000 to Edward Hotchkiss, and interest. Briggs and Michael J. Dunne exchanged properties, and Dunne thereby became vested with the title to the hotel. This exchange was afterward set aside by decree of court under a bill filed by…
1Opinion of the CourtJustice Carter
We do not find it necessary in this case to consider the extent of the power of a court of equity when it takes possession, by a receiver, of property used in a business enterprise and involved in litigation, and carries on such business by its receiver pending litigation, to make the expenses of the receivership a lien upon such property superior to prior liens. That courts of equity have and exercise such power, to a limited extent, in the control and operation of railroads and of other property and business impressed with a public interest cannot now be questioned. But it is a power to be…
2Cases cited8 opinions
- Ellis v. Vernon Ice, Light, & Water Co.Texas Supreme Court · 1893
- Knickerbocker v. McKindley Coal & Mining Co.Illinois Supreme Court · 1898
- Cake v. MohunSupreme Court of the United States · 1896
- Beckwith v. CarrollSupreme Court of Alabama · 1876
- Thornton v. Highland Avenue & Belt RailroadSupreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mutual Service Casualty Insurance Company, as Subrogee of Jo Daviess Services, Inc. v. Elizabeth State Bank, an Illinois State Chartered BankCourt of Appeals for the Seventh Circuit · 2001
- Rosenblatt v. Michigan Avenue National BankAppellate Court of Illinois · 1979
- Pittsburgh Plate Glass Co. v. KranszIllinois Supreme Court · 1919
- Federal Land Bank v. SmithSupreme Judicial Court of Maine · 1930
- Baker v. American Surety Co.Supreme Court of Iowa · 1916
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