Legal Opinion

Ætna Life Insurance v. Beckman

Illinois Supreme Court

Decided June 23, 1904PublishedCited by 1 opinion

Appeal from the Circuit Court of Jefferson county; the Hon. P. A. Pearce, Judge, presiding. On August 7, 1901, the .¿Etna Life Insurance Company filed its bill in the circuit court of Jefferson county to foreclose a mortgage executed by George W. Beckman on certain real estate in that county. George W. Beck-man, James Mitchell, Susan Mitchell, Henry Buettner, Margaret Buettner, Ferdinand Buettner and Margaretha Buettner were made defendants.

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Appeal from the Circuit Court of Jefferson county; the Hon. P. A. Pearce, Judge, presiding. On August 7, 1901, the .¿Etna Life Insurance Company filed its bill in the circuit court of Jefferson county to foreclose a mortgage executed by George W. Beckman on certain real estate in that county. George W. Beck-man, James Mitchell, Susan Mitchell, Henry Buettner, Margaret Buettner, Ferdinand Buettner and Margaretha Buettner were made defendants. The suit was after-wards dismissed as to the first three above named defendants. The decree of foreclosure found that after executing said mortgage…

1Opinion of the CourtJustice Scott

Within twelve months after the foreclosure sale the owner of the equity of redemption conveyed his interest, by deed, to another. No redemption was made within the twelve months. After the expiration of that period the grantee in the deed confessed judgment in favor of a creditor, who redeemed prior to the expiration of the period of fifteen months after the sale. In Fitch v. Wetherbee, 110 Ill. 475, we held, under like circumstances, that the judgment creditor of the person who owned the equity of redemption at the time the mortgage was foreclosed, if no prior redemption had been made, could…

2Cases cited3 opinions

  1. Stephens v. Illinois Mutual Fire InsuranceIllinois Supreme Court · 1867
  2. Fitch v. WetherbeeIllinois Supreme Court · 1884
  3. Lamb v. RichardsIllinois Supreme Court · 1867

3Cited by1 opinion

  1. In Re DuffyDistrict Court, E.D. Illinois · 1934

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