Legal Opinion

McCurley v. Pitner

Appellate Court of Illinois

Decided May 16, 1896PublishedCited by 4 opinions

Bill to Foreclose Chattel Mortgage. —Appeal from the Circuit Court of Morgan Comity; the Hon. Cyrus Epler, Judge, presiding. Heard in this court at the November term, 1895.

1Opinion of the Court

Mr. Presiding Justice Pleasants

delivered the opinion op the Court.

Appellees filed the original bill herein to foreclose a chattel mortgage of household furniture executed by Eugene F. Yoorhies and his wife to complainants, to indemnify them as sureties upon a promissory note of the mortgagor which they were compelled to pay. Appellant,'who was a party defendant, filed a cross-bill setting up a prior mortgage upon a part of the same property, which the court below hold void as against them on the ground that the wife of Yoorhies did not join in the execution of it, as required by the statute.

Th…

2Cases cited1 opinion

  1. Lowell v. WrenIllinois Supreme Court · 1875

3Cited by4 opinions

  1. Wolverine Oil Co. v. ParksSupreme Court of Oklahoma · 1919
  2. Effenberger v. DurantSupreme Court of Oklahoma · 1916
  3. Fisher v. BollmanAppellate Court of Illinois · 1930
  4. Gose v. PerryCourt of Appeals of Kentucky · 1957

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