Gibbons v. Hoag
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. Mary Hoag filed her petition, under the “ Burnt Records act,” on the first of June, 1876, in the circuit court of Cook county, to establish her title to certain real estate in the city of Chicago, hereinafter more particularly described. She alleges in her petition that on the 18th of November, 1858, Joseph AY.
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Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. Mary Hoag filed her petition, under the “ Burnt Records act,” on the first of June, 1876, in the circuit court of Cook county, to establish her title to certain real estate in the city of Chicago, hereinafter more particularly described. She alleges in her petition that on the 18th of November, 1858, Joseph AY. AYiltberger was owner of one half, and his children, by descent from his deceased wife, were owners of the other half of the north half of north half of the northwest quarter, and the west half of the…
1Opinion of the CourtJustice Scholfield
The mortgage executed by Embree to Joseph W. Wiltberger contains the following:
“Provided, always, if the first party shall pay said sum at the time and in the manner specified, then these presents shall be void. But it is further provided, that if default be made in the payment of either of said notes, and in case either note for $2400, numbered one in red ink, shall remain unpaid thirty days, or either note for $2400 numbered two shall remain unpaid ninety days, or if $12,000 of the note for $48,000 is not paid in thirty days after January 1, 1868, then the whole sum remaining unpaid shall…
2Cases cited5 opinions
- Mulvey v. GibbonsIllinois Supreme Court · 1877
- D'Wolf v. HaydnIllinois Supreme Court · 1860
- Heaton v. PratherIllinois Supreme Court · 1876
- Speer v. HadduckIllinois Supreme Court · 1863
- Watson v. ShermanIllinois Supreme Court · 1876
3Cited by30 opinions
- Dixmoor Golf Club Inc. v. EvansIllinois Supreme Court · 1927
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Lucas v. American-Hawaiian Engineering & Construction Co.Hawaii Supreme Court · 1904
- Gaffney v. HarmonIllinois Supreme Court · 1950
- Richardson v. GreenCourt of Appeals for the Ninth Circuit · 1894
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