McConnel v. Gibson
Illinois Supreme Court
This was a suit in chancery brought by Saunders as treasurer of T. 18 FL, E. 12 W.,■ of Cass county, against W. W. Babb, and this appellant and others, in the Cass Circuit Court, to foreclose a mortgage, given by Babb to one John T. Jones who was school commissioner of Morgan county.
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This was a suit in chancery brought by Saunders as treasurer of T. 18 FL, E. 12 W.,■ of Cass county, against W. W. Babb, and this appellant and others, in the Cass Circuit Court, to foreclose a mortgage, given by Babb to one John T. Jones who was school commissioner of Morgan county. Said mortgage is set out in this record and is upon a tract of land in T. 15 FT., E. 12 W. The appellant was made a party to this suit, and it was charged that Babb, subsequently to the giving of the mortgage to Jones, had given a mortgage to appellant upon the same-land. Appellant filed Ms answer to said Mil and…
1Opinion of the CourtCaton, J.
We must look at the substance of this bill, and the grounds of equity set up in it, to determine its true character. It commences in the form of a petition, but subsequently assumes the form and substance of an original bill or of a bill of review, and is by the pleader sometimes called one thing, and sometimes another; but we must look at the material averments of the bill and from them determine its true character. Although the pleader may have given it a wrong name, still if the averments show that the complainant is entitled to relief, and the prayer will admit of our granting that which…
2Cited by11 opinions
- Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900
- Moore v. ShookIllinois Supreme Court · 1916
- Bruschke v. Der Nord Chicago Schuetzen VereinIllinois Supreme Court · 1893
- Estill v. McClintic's Adm'rWest Virginia Supreme Court · 1877
- Harris v. CornellIllinois Supreme Court · 1875
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