Rose v. Walk
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, -presiding. October 12, 1882, William James joined by his wife, executed a trust deed upon the lots in controversy, with others, to Frank B. Chandler, to secure the payment of two notes of $4000 each.
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Appeal from the Appellate Court for the First District;—■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, -presiding. October 12, 1882, William James joined by his wife, executed a trust deed upon the lots in controversy, with others, to Frank B. Chandler, to secure the payment of two notes of $4000 each. On January 31, 1885, said James, by his trust deed, conveyed his equity of redemption in said lots to Joseph B. Lapham, to secure the payment of four, promissory notes: one to Bose, McAlpin & Co., for $1058.56, one to Edward Mott & Co., for…
1Opinion of the CourtJustice Shope
This was a bill filed to foreclose a junior mortgage, against the purchasers at a foreclosure sale under a senior mortgage without offering to redeem from such sale. Conceding that the complainants were not parties to the foreclosure of the senior mortgage, and that they were permitted to show that Lapham, who was a party to that proceeding, (Brasher v. Van Cortlandt, 2 Johns. Ch. 242; Walton’s Exrs. v. Herbert, 4 N. J. Eq. 73,) was hot, and that they were, the legal owners and holders of the indebtedness secured by the junior mortgage, their rights under their bill would not be materially…
2Cases cited2 opinions
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