Topping v. Brown
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. On January 6th, 1866, George W. Patterson and wife executed their mortgage upon certain lands to Benjamin Brown to secure the note of Patterson given for purchase money. Subsequently James Patterson filed his petition in the circuit court to enforce his mechanic’s lien upon the lands for improvements made.
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Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. On January 6th, 1866, George W. Patterson and wife executed their mortgage upon certain lands to Benjamin Brown to secure the note of Patterson given for purchase money. Subsequently James Patterson filed his petition in the circuit court to enforce his mechanic’s lien upon the lands for improvements made. The prior mortgage lien of Brown is set out in his petition, and Brown made a party, but did not appear on the trial. Decree of sale was made, on special execution, in default of payment for the…
1Opinion of the CourtJustice Sheldon
This was a bill in chancery for the foreclosure of a mortgage executed by George W. Patterson, one of the .defendants, to Brown, the appellee, on the 31st of January, 1866, on several tracts of land, amounting in all to 310 acres, to secure the payment of a promissory note of the same date, from Patterson to Brown, for the sum of $4160, payable four years after date. The appellants were made parties, the bill alleging that they had or claimed some interest in the mortgaged premises, which interest, if any, accrued subsequent to the lien of the mortgage and was' subject thereto.
The appellants,…
2Cases cited1 opinion
- Thomson v. MorrisIllinois Supreme Court · 1870
3Cited by4 opinions
- Brant v. HutchinsonAppellate Court of Illinois · 1891
- Van Sickle v. HarmeyerAppellate Court of Illinois · 1912
- Boynton v. PierceAppellate Court of Illinois · 1893
- Jepherson v. GreenSupreme Court of Rhode Island · 1900