Legal Opinion

McCasland v. Allen

Appellate Court of Illinois

Decided September 6, 1895PublishedCited by 1 opinion

Bill to Foreclose a Mortgage.—Error to the Circuit Court of St. Clair County; the Hon. Alonzo S. Wilderman, Judge, presiding. Heard in this court at the February term, 1895.

1Opinion of the Court

Mt?.. Presiding Justice Scofield

delivered the opinion of the Court.

Defendants in error filed a bill to foreclose a mortgage, which concluded with the general prayer for relief. ■ The notes and mortgage were attached to the bill as exhibits and were made a part thereof by express averment. The bill alleged a breach of the conditions of the mortgage, and that defendants in error had elected to declare the whole amount of the indebtedness due, as they had the right to do under the provisions of the mortgage. Under the general prayer the court could decree in favor of the complainants such relief…

2Cases cited4 opinions

  1. Cheltenham Improvement Co. v. WhiteheadIllinois Supreme Court · 1889
  2. Chicago, Peoria & St. Louis Railway Co. v. WolfIllinois Supreme Court · 1891
  3. Dates v. WinstanleyAppellate Court of Illinois · 1894
  4. Joliet Street Railway Co. v. McCarthyAppellate Court of Illinois · 1891

3Cited by1 opinion

  1. Sinnock v. MarneyAppellate Court of Illinois · 1928

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