Cross v. Weare Commission Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Will county; the' Hon. Dorrance Dibell, 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 Will county; the' Hon. Dorrance Dibell, Judge, presiding. The bill in this case was filed on September 10, 1890, by the appellant, Cross, against the Weare Commission Company, the Will County National Bank and Albert A. Druley, surviving partner of the firm of Druley Brothers, composed of William M. Druley, now deceased, and the said Albert A. Druley, alleging the recovery by Cross on September 2, 1890, of a judgment by confession for 17653.33 and costs against the Druleys,…
1Opinion of the CourtJustice Magruder
This is a controversy between the appellant as execution creditor, and the appellee, the Weare Commission Company, as mortgage creditor, as to whether the judgment of the one, or the "mortgage of the other, is entitled to priority of lien. Appellee’s mortgage was executed and recorded before appellant’s judgment was rendered.
The steam elevator, together with the cribs, office and scales, was unquestionably real estate. The interest of the firm of Druley Brothers in. the real estate described in the mortgages was a leasehold estate where the unexpired term exceeded five years. The elevator and…
2Cases cited27 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Tifft v. . HortonNew York Court of Appeals · 1873
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Sword v. LowIllinois Supreme Court · 1887
- Moran v. PalmerMichigan Supreme Court · 1865
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In the Matter of Pubs, Inc. Of Champaign, Bankrupt. Appeal of Bank of Illinois in Champaign, ReclamationCourt of Appeals for the Seventh Circuit · 1980
- In Re Estate of MartinekAppellate Court of Illinois · 1986
- Ozier v. HainesIllinois Supreme Court · 1952
- Avco Delta Corporation Canada Limited v. United States of America, and Canadian Parkhill Pipe Stringing, Inc.Court of Appeals for the Seventh Circuit · 1972
- People Ex Rel. Hargrave v. PhillipsIllinois Supreme Court · 1946
13 more not listed; retrieve them via the Exa API.