Connolly v. Dammann
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding. About January 1, 1890, Jacob Nier entered into a written contract for the sale of certain real estate in Mason’s addition to Ottawa to Heinrich Dammann for $1500, to be paid by assuming a mortgage thereon of $500 to Agatha Becker and by paying $100 in May, 1891, and $900 in five years, in monthly payments of varying amounts. On August 1, 1894, Thomas E. MacKinlay, having obtained Nier’s title to the premises, conveyed them…
1Opinion of the CourtJustice Dunn
Appellants contend that the decree in the chancery case is a bar to the present action. It does not, however, show any defense. No plea of res judicata could be based on that record. It does not in any way affect the position, in a court of law, of Catharine Connolly as an innocent purchaser of the note sued on. The mortgage and note in the hands of Mrs. Connolly were subject, in equity, to the same defenses as in the hands of MacKinlay. When the bill was filed, in 1903, to carry into execution the defective decree of 1897, it is said that it was competent for the court to look into the…
2Cases cited2 opinions
- Wadhams v. Flagler GayIllinois Supreme Court · 1874
- Martina v. MuhlkeIllinois Supreme Court · 1900
3Cited by5 opinions
- Miller v. SwansonAppellate Court of Illinois · 1965
- Ritz v. KarstensonAppellate Court of Illinois · 1976
- Peru State Bank v. WaggettAppellate Court of Illinois · 1923
- Bezely v. SearlAppellate Court of Illinois · 1923
- Venner v. Chicago City Ry. Co.District Court, N.D. Illinois · 1912