Bryan v. Howland
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. George W. Stipp, Judge, presiding. ¡ This was a bill by Edward A. Howland, a son of Henry Allen Howland, to enjoin a sale under a power in a mortgage' given by Henry Allen Howland. The mortgage was given to Elizabeth Bryan, with power of sale in the sheriff of LaSalle county.
1Opinion of the CourtJustice Scholfield
Bill was filed by Edward A. Howland, an infant, by his next friend, against Elizabeth Bryan and Bufus C. Stevens, praying that they be enjoined from selling or attempting to sell, or in any way incumbering, certain real estate therein described, pursuant to the terms of a pretended deed of mortgage. Demurrer was interposed to the bill in the circuit court, but that court overruled the same, and the defendants electing to abide by their demurrer, and refusing to answer over, the court decreed in conformity with the prayer of the bill.
Whether that ruling can be sustained, depends upon the…
2Cases cited5 opinions
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- Morgan v. SmithIllinois Supreme Court · 1849
- Golder v. LittlejohnWisconsin Supreme Court · 1872
- Andrews v. BoydSupreme Judicial Court of Maine · 1828
- Hosmer v. CarterIllinois Supreme Court · 1873
3Cited by10 opinions
- Scott v. HarrisIllinois Supreme Court · 1885
- Keen v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Illinois Supreme Court · 1945
- Walker v. ShepardIllinois Supreme Court · 1904
- White v. RossIllinois Supreme Court · 1895
- Commissioner of Internal Revenue v. BlairCourt of Appeals for the Seventh Circuit · 1932
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