Siegel v. Borland
Appellate Court of Illinois
Foreclosure of a Trust Deed.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the March term, 1900. Appellee filed her bill of complaint to obtain' the foreclosure of a trust deed upon certain real estate in the city of Chicago, known as the Cambridge apartment property, and joined, as parties defendant, the appellants here and others, against whom she sought to establish liability for the amount of the mortgage…
Read the full summary
Foreclosure of a Trust Deed.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the March term, 1900. Appellee filed her bill of complaint to obtain' the foreclosure of a trust deed upon certain real estate in the city of Chicago, known as the Cambridge apartment property, and joined, as parties defendant, the appellants here and others, against whom she sought to establish liability for the amount of the mortgage debt, in the event of a deficiency, by reason of the fact that they were parties to certain deeds of mesne conveyance,…
1Opinion of the CourtJustice Seabs
A personal liability ivas sought to be charged upon appellants upon two different grounds: first, upon the theory of an assumption of the entire mortgage indebtedness by the appellants, and secondly, upon the theory that the sum of $25,000 had been paid to appellants to apply upon the indebtedness, and hence they were equitably bound to so apply it, and in the event of a deficiency, the mortgagee could enforce the obligation. The chancellor found against the appellee and in favor of the appellants upon the first contention, but upon the second contention found that the appellants were liable…
2Cases cited12 opinions
- Dean v. WalkerIllinois Supreme Court · 1882
- Crawford v. NimmonsIllinois Supreme Court · 1899
- Drury v. HoldenIllinois Supreme Court · 1887
- Comstock v. HittIllinois Supreme Court · 1865
- Harts v. EmeryIllinois Supreme Court · 1899
7 more not listed; retrieve them via the Exa API.