Legal Opinion

Gaither v. Wilson

Appellate Court of Illinois

Decided June 18, 1896Published

Mortgage Foreclosure.—Appeal from the Circuit Court of Wayne County; the Hon. Carroll C. Boggs, Judge, presiding. Heard in this court at the February term, 1896. Statement oe the Case. On March. 6, 1893, Leonidas Gaither and L. E. Gaither, his wife, two of the appellants, executed to appellee, Wilson, a mortgage on the following property: ÍL W. 1ST. E. Sec. 17, T. 1 S., R. 9 E., and S. half of lots 19 and 20 in Sibley’s addition to Fairfield.

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Mortgage Foreclosure.—Appeal from the Circuit Court of Wayne County; the Hon. Carroll C. Boggs, Judge, presiding. Heard in this court at the February term, 1896. Statement oe the Case. On March. 6, 1893, Leonidas Gaither and L. E. Gaither, his wife, two of the appellants, executed to appellee, Wilson, a mortgage on the following property: ÍL W. 1ST. E. Sec. 17, T. 1 S., R. 9 E., and S. half of lots 19 and 20 in Sibley’s addition to Fairfield. This was to secure a debt of $750, for the entire purchase money of said S. half of said lots. On April 18,1893, said Gaithers, to secure a debt of…

1Opinion of the Court

Hr. Presiding Justice Green

delivered the opinion oe the Court.

Two errors are assigned on the record: “ 1st. Said Circuit Court erred in directing any part of the proceeds of said lots, to be applied on the mortgage of said appellee Wilson.” “ 2d. Said court erred in not requiring said tract of land to be first exhausted, before resorting to said lots.” The evidence in the record satisfies us that the trial court was justified in finding that at the time the Gaithers gave Wilson the mortgage, they did not reside on the lots in question, and had no homestead right therein. The note secured by…

2Cases cited2 opinions

  1. Finlon v. ClarkIllinois Supreme Court · 1886
  2. Symonds v. LappinIllinois Supreme Court · 1876

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