Higinbotham v. Chicago Title & Trust Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—-heard in that court on appeal from the County Court of Lake county; the Hon. D. L. Jones, Judge, presiding. On October 13,1896, Isaac Goldberg filed in the county court of Lake county a deed of assignment, dated as of that day, and executed by him to the Chicago Title and Trust Company under the Voluntary Assignment Act.
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Appeal from the Appellate Court for the Second District;—-heard in that court on appeal from the County Court of Lake county; the Hon. D. L. Jones, Judge, presiding. On October 13,1896, Isaac Goldberg filed in the county court of Lake county a deed of assignment, dated as of that day, and executed by him to the Chicago Title and Trust Company under the Voluntary Assignment Act. The deed of assignment was acknowledged by Goldberg on the day of its date, and, on the same day, was recorded in the recorder’s office of said county; and, on the same day, the trust was accepted by the assignee…
1Opinion of the CourtJustice Magruder
The deed of assignment in this case was filed on October 13, 1896. The order, discontinuing the assignment proceedings, was entered December 1, 1896, forty-nine days after the assignment was filed.
The first question is, whether the county court, under the Voluntary Assignment act and the amendment thereto passed in 1879, has the power to enter an order discontinuing the assignment proceedings before the expiration of the three months, during which creditors are required by the act to file their claims.
This question was suggested, but not passed upon, in American Exchange Bank v. Walker, 164…
2Cases cited3 opinions
- Levy v. Chicago National BankIllinois Supreme Court · 1895
- Howe v. WarrenIllinois Supreme Court · 1894
- Union National Bank v. DoaneIllinois Supreme Court · 1892
3Cited by2 opinions
- Hustana v. HustanaAppellate Court of Illinois · 1959
- Manufacturers' Paper Co. v. Royal Trust Co.Appellate Court of Illinois · 1901