Legal Opinion

Continental Investment & Loan Society v. Wood

Appellate Court of Illinois

Decided November 5, 1896Published

Foreclosure of a Trust Deed.—Error to the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in this court at the October term, 1896.

1Opinion of the CourtJustice Waterman

It is necessary in chancery proceedings that the record sustain the decree; but the facts upon which the final order is based, if appearing in the findings of the master, need not be repeated in the decree.

It is, in the absence of the testimony taken by the master, impossible for us to say that the court erred in overruling all exceptions, save one, to his report.

If the plaintiff in error desired that the master return into court the testimony by him taken, upon which his report was based, plaintiff in error should have asked the court to order the master so to do. It is too late for him now,…

2Cases cited1 opinion

  1. South Park Commissioners v. PhillipsAppellate Court of Illinois · 1888

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