Cheltenham Improvement Co. v. Whitehead
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. This was a bill in equity, brought by defendant in error, William H. Whitehead, to foreclose a deed of trust.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. This was a bill in equity, brought by defendant in error, William H. Whitehead, to foreclose a deed of trust. The facts are fully stated in the opinion of the Appellate Court, as follows: “On the 29th day of November, 1880, Ira N. Herrick executed two promissory notes, for $17,040 each, payable to the order of Franklin H. Watriss, in one and two years after date, with interest, and to secure their payment executed a deed of…
1Opinion of the CourtChief Justice Craig
No fault whatever is found with the amount due on the note secured by the trust deed, as determined in the decree, but it is insisted that the allowance of $1000 for money paid in the purchase of an outstanding tax title is erroneous, upon two grounds: First, because it was not claimed in the bill; and second, it is not a proper allowance under the evidence.
Upon an examination of the bill, the following allegation in regard to tax claims will be found:
“And further, your orator says, that in and by said trust deed the said Ira N. Herrick, for himself and his heirs", executors, administrators…
2Cases cited1 opinion
- Pennell v. Lamar InsuranceIllinois Supreme Court · 1874
3Cited by39 opinions
- Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
- Gehrke v. GehrkeIllinois Supreme Court · 1901
- University of Richmond v. StoneSupreme Court of Virginia · 1927
- Roderick v. McMeekinIllinois Supreme Court · 1903
- Abbott v. StoneIllinois Supreme Court · 1898
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