Legal Opinion

Carroll v. Haigh

Appellate Court of Illinois

Decided June 5, 1903Published

Foreclosure of a Trust Deed.—Error to the Superior Court of Cook County; the Hon. Philip Stein, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the court.

The trust deed was made solely for the purpose of securing payment of the mortgage indebtedness and such expenses as might be incident to a foreclosure proceeding.

Incidental to this object there was in the trust deed provision for the payment of taxes upon and insurance of the property, also for the appointment of a receiver and authority by him to rent the same, collect rents therefor and keep the property in repair and condition. There was also a clause providing that the receiver should pay rent that might be collected, less…

2Cases cited9 opinions

  1. Davis v. DaleIllinois Supreme Court · 1894
  2. Ogle v. KoernerIllinois Supreme Court · 1892
  3. Highley v. DeaneIllinois Supreme Court · 1897
  4. McAnrow v. MartinIllinois Supreme Court · 1899
  5. Link Belt Machinery Co. v. HughesIllinois Supreme Court · 1902

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