Dale v. Davis
Appellate Court of Illinois
Memorandum.—Foreclosure proceedings; order as to payment of taxes. Error to the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Heard in this court at the October term, 1893, and reversed with directions.
1Opinion of the Court
Mr. Presiding Justice Shepard
delivered the opinion of the Court.
Pending foreclosure proceedings, and before decree, a receiver was appointed, of the mortgaged premises, to collect rents, etc.
At the sale under the foreclosure decree the full amount of the mortgage debt, interest, and costs, was realized—in other words, the decree was satisfied by the sale—the defendant in error, who was the complainant below, becoming the purchaser.
Manifestly with the decree fully satisfied by the sale, the necessity for continuing the receivership was gone, and the owner of the mortgagor’s equity of…
2Cases cited4 opinions
- Stephens v. Illinois Mutual Fire InsuranceIllinois Supreme Court · 1867
- Carpenter v. WhiteAppellate Court of Illinois · 1891
- Heffron v. GageAppellate Court of Illinois · 1892
- Dole v. OlmsteadIllinois Supreme Court · 1866
3Cited by5 opinions
- Fleisher v. FlickAppellate Court of Illinois · 1948
- Burleigh v. KeckAppellate Court of Illinois · 1899
- Talcott v. PetersonAppellate Court of Illinois · 1896
- Digby v. National Loan & Building Ass'nAppellate Court of Illinois · 1895
- Stoddard v. WalkerAppellate Court of Illinois · 1900