Hammers v. Dole
Illinois Supreme Court
Appeal from the Circuit Court of Woodford county; the Hon. S. L. Richmond, Judge, presiding. .This was a bill in chancery, filed in May, 1869, by James H. Dole and others, alleging the following facts: On the 2d day of July, 1868, one Joel Wheeler, since deceased, being then indebted to Salzman & French, made certain notes therefor and executed a chattel mortgage by way of security.
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Appeal from the Circuit Court of Woodford county; the Hon. S. L. Richmond, Judge, presiding. .This was a bill in chancery, filed in May, 1869, by James H. Dole and others, alleging the following facts: On the 2d day of July, 1868, one Joel Wheeler, since deceased, being then indebted to Salzman & French, made certain notes therefor and executed a chattel mortgage by way of security. This mortgage was acknowledged on the same day before Henry Salzman, a justice of the peace of the proper township, and one of the said mortgagees. The notes were subsequently assigned to the appellants herein.…
1Opinion of the CourtJustice Thornton
Appellants insist upon a reversal of the decree for two reasons :
First—A court of equity will not entertain a bill when it shows full and adequate remedy at law.
Second—A court of equity will not sustain a bill to foreclose a chattel mortgage unless there are existing equities to be determined, liens and incumbrances .to be adjusted, and proceeds to be distributed.
The property in controversy is of the value of over §1000, and the bill alleges that appellants have a mortgage upon the property. There are, then, successive liens and incumbrances, and if all are valid, there would be a trust fund…
2Cases cited2 opinions
- Frank v. MinerIllinois Supreme Court · 1869
- Snydacker v. BrosseIllinois Supreme Court · 1869
3Cited by10 opinions
- People ex rel. Munson v. BartelsIllinois Supreme Court · 1891
- Horbach v. TyrrellNebraska Supreme Court · 1896
- Green v. AbrahamSupreme Court of Arkansas · 1884
- Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
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