Powell v. Rogers
Illinois Supreme Court
Appeal from the Appellate Court for ' the Second District;—heard in that court on appeal from the Circuit Court of ICane county; the Hon. Clark W. Upton, Judge, presiding. This case was originally a petition by Powell & Barrett for a mechanics’ lien, against Henry C. Stout, owner, and Mrs. Asenah C. Bogers, a mortgagee, of a lot of land in Miller’s subdivison, in the city of Aurora.
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Appeal from the Appellate Court for ' the Second District;—heard in that court on appeal from the Circuit Court of ICane county; the Hon. Clark W. Upton, Judge, presiding. This case was originally a petition by Powell & Barrett for a mechanics’ lien, against Henry C. Stout, owner, and Mrs. Asenah C. Bogers, a mortgagee, of a lot of land in Miller’s subdivison, in the city of Aurora. A decree was had establishing the lien, under which the property was sold to A. D. Warner, for the amount of the decree, and costs. Warner transferred his certificate of purchase to Powell & Barrett, who received…
1Opinion of the CourtJustice Craig
It is first claimed by appellants that the decree is erroneous, for the reason that Mrs. Rogers is estopped from setting up a claim upon her mortgage as against the improvements placed on the property by them before the decree was reversed.
In Davidson v. Young, 38 Ill. 146, this court held, that “the doctrine of estoppels in pais or equitable estoppels is based upon a fraudulent purpose and a fraudulent result. If the element of fraud is wanting there is no estoppel; as, if both parties were equally cognizant of the facts, and the declaration or silence of the one party produced no change in…
2Cases cited1 opinion
- Clark v. ManningIllinois Supreme Court · 1878
3Cited by6 opinions
- Gillett v. WileyIllinois Supreme Court · 1888
- Baxter v. BaxterCalifornia Court of Appeal · 1912
- Union National Bank v. DoaneIllinois Supreme Court · 1892
- International Packing Co. v. CichowiczAppellate Court of Illinois · 1904
- Mullanphy Bank v. SchottAppellate Court of Illinois · 1890
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