Mullanphy Savings Bank v. Schott
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Madison county; the Hon. W. H. Snyder, Judge, presiding. . Julius A. Barnsback, the American Powder Company and Robert Klitzing filed a bill in chancery in the Madison circuit court, and alleged therein the recovery of certain judgments against the Brookside Coal and Coke Company, the execution of certain mortgages charged to be fraudulent, and the insolvency of…
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Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Madison county; the Hon. W. H. Snyder, Judge, presiding. . Julius A. Barnsback, the American Powder Company and Robert Klitzing filed a bill in chancery in the Madison circuit court, and alleged therein the recovery of certain judgments against the Brookside Coal and Coke Company, the execution of certain mortgages charged to be fraudulent, and the insolvency of said coal and coke company. The bill further averred certain rights in Barnsback, as lessor of lands, and charged…
1Opinion of the CourtJustice Baker
In order of priority in point of time, the liens upon the prop-. erty of the insolvent Brookside Coal and Coke Company are: • First, the mortgage of October 19, 1881, to Martin J. Schott;, second, the deed of trust of June 17, 1882, to William H.; Krome, trustee; third, the mortgage of January 21, 1885, to-John 0. Evans, Sr.; and fourth, the judgments, according to their seniority of date.
At the time that the mortgage to Martin J. Schott was executed, he was a stockholder and director of the corporation, and its treasurer; but the company was then, and for a considerable time thereafter,…
2Cases cited5 opinions
- Olds v. CummingsIllinois Supreme Court · 1863
- Beach v. MillerIllinois Supreme Court · 1889
- Wood v. WhelenIllinois Supreme Court · 1879
- Singer Manufacturing Co. v. HoldfodtIllinois Supreme Court · 1877
- Chicago, Danville & Vincennes Railway Co. v. LœwenthalIllinois Supreme Court · 1879
3Cited by27 opinions
- City of Evanston v. PiotrowiczIllinois Supreme Court · 1960
- Fredrich v. WolfIllinois Supreme Court · 1943
- Germania Life Insurance v. KoehlerIllinois Supreme Court · 1897
- Illinois Steel Co. v. O'DonnellIllinois Supreme Court · 1895
- Mitchell v. West End Park Co.Supreme Court of Georgia · 1930
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