Hurd v. Case
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago. John H. Brown being indebted to Theodore P. Case, the defendant in error, in the sura of $2,500, on the 23d day of February, 1862, executed a mortgage to the latter to secure the same, upon certain real estate situated in the city of Chicago. This mortgage conferred the power of sale upon Case, the mortgagee, in the event of non-payment.
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Writ of Error to the Superior Court of Chicago. John H. Brown being indebted to Theodore P. Case, the defendant in error, in the sura of $2,500, on the 23d day of February, 1862, executed a mortgage to the latter to secure the same, upon certain real estate situated in the city of Chicago. This mortgage conferred the power of sale upon Case, the mortgagee, in the event of non-payment. Subsequently to the execution of the mortgage to Case, Brown conveyed the same premises to Harvey B. Hurd in trust, to secure a debt he was owing to Daniel Tracy. After the execution of the deed of trust to…
1Opinion of the CourtChief Justice Caton
Case held a mortgage on the premises in question, containing a power of sale. Junior to this, Hurd and Tracy held a trust deed or mortgage. Case filed a bill to foreclose his mortgage, m airing Hurd and Tracy defendants, as subsequent incumbrancers. Pending this suit, Case advertised and sold the property under the power of sale contained in his mortgage and Otis became the purchaser. A few days after the sale, and while the original bill was still pending, Hurd and Tracy filed their answer, admitting Case’s mortgage and that it was not fully paid, and they also filed a cross-bill, setting…
2Cases cited1 opinion
- Jones v. SmithIllinois Supreme Court · 1852
3Cited by19 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Price v. StrattonSupreme Court of Florida · 1903
- First National Bank v. Bryn Mawr Beach Building Corp.Illinois Supreme Court · 1937
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