Lucas v. Harris
Illinois Supreme Court
The defendant, John Harris, who was complainant below, filed his bill in the Circuit Court of Marshall county, on the 8th day of February, 1856, alleging that on the 12th day of May, 1837, Edwin Mills, of the State of New York, was indebted to the complainant in the sum of $700, for the purchase money of S. E. 27, 30 N., 1 W., 3rd P. M., and executed a mortgage to complainant for said premises and two other lots, dated May 12th, 1837, a copy of which is set out in the bill.
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The defendant, John Harris, who was complainant below, filed his bill in the Circuit Court of Marshall county, on the 8th day of February, 1856, alleging that on the 12th day of May, 1837, Edwin Mills, of the State of New York, was indebted to the complainant in the sum of $700, for the purchase money of S. E. 27, 30 N., 1 W., 3rd P. M., and executed a mortgage to complainant for said premises and two other lots, dated May 12th, 1837, a copy of which is set out in the bill. He avers that on the 8th day of November, 1855, the mortgage was recorded in the recorder’s office of Marshall county,…
1Opinion of the CourtBreese, J.
Without going into the merits of this case, it is sufficient to say that one defect appears which must reverse this decree.
The bill alleges that a note was executed at the date of the mortgage, and for the same sum of money—both on the 9th September, 1838—and the note payable on that day.
Now, it is well understood that the note is the principal thing, the mortgage being only the incident. It is a security given for the debt mentioned in the note, and nothing more, for the mortgagor remains the real owner of the land, if of land, until the breach of the condition and entry by the mortgagee, or…
2Cited by10 opinions
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Herring v. WoodhullIllinois Supreme Court · 1862
- Lenfesty v. CoeSupreme Court of Florida · 1894
- Dowden v. WilsonIllinois Supreme Court · 1874
- Martin v. FrankAppellate Court of Illinois · 1930
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