Harris v. Mills
Illinois Supreme Court
The facts of this case are stated in the opinion of the court ¡by Mr. Justice Walker ; the same case was before the court •at a prior time, and will be found reported in volume 25 of .these Reports,; at page 165. The decree appealed from, was rendered by Hollister, Judge, at the October term, 1861, of the Marshall Circuit 'Court
1Opinion of the CourtWalker, J.
This bill was exhibited to foreclose a mortgage, given to secure a note alleged to have been lost. The mortgage bears date the 12th of May, 1837, and recites a note for seven hundred dollars. The note is alleged to have been given on the 9th of April, 1836, by Edwin Mills to appellant, due on the 9th day of September, 1838. The mortgage was not recorded until the 8th day of November, 1855, and appears never to have been acknowledged. It also appears that Edwin Mills, on the 13th day of January, 1839, executed a mortgage on the same land, to secure two thousand dollars, to Harlow Mills, for…
2Cases cited1 opinion
- Hughes v. EdwardsSupreme Court of the United States · 1824
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- Lilly v. DunnIndiana Supreme Court · 1884
- Criss v. CrissWest Virginia Supreme Court · 1886
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