Morris v. Calumet & Chicago Canal & Dock Co.
Appellate Court of Illinois
Foreclosure of a Trust Deed.—Appeal from the Circuit Court of Cook County; the Hon.- Murray F. Tuley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1899.
1Opinion of the CourtJustice Freeman
Appellant states that “ there are practically but two broad questions to be considered.” These are, first, whether the testimony offered on behalf of appellant to sustain his claim for damages was competent, and the alleged verbal agreement void under the statute of frauds; and second, whether the notes and trust deed of January 1, 1895, now sought to be foreclosed, were executed in settlement of the claims of appellant.
There was evidence tending to show, as found by the master, that at the time the original trust deed was produced by appellee for appellant’s execution, the latter called…
2Cases cited3 opinions
- Scammon v. KimballSupreme Court of the United States · 1876
- Stiger v. BentIllinois Supreme Court · 1884
- Lane v. AllenIllinois Supreme Court · 1896
3Cited by2 opinions
- People ex rel. Russell v. Michigan Avenue Trust Co.Appellate Court of Illinois · 1923
- York Mfg. Co. v. RothwellCourt of Appeals for the Sixth Circuit · 1902