Richey v. Sinclair
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This was a bill to foreclose a mortgage, brought January 4,1895, by Cornelius S. Richey, administrator de bonis non of the estate of William J. Turner, deceased, against Hector M. Sinclair, Lynn Helm, Melville C. Barnes, James C. Miller, the Mechanics and Traders’ Loan and Building Association of Chicago, and Charles S. Young. The court sustained a demurrer to' the bill and entered a decree dismissing it, and on appeal the…
1Opinion of the CourtJustice Craig
It will be observed that the mortgage contained no mortgagee or grantee in that part of the instrument where the grantee’s name should properly appear, the name of the mortgagee having been left blank in drafting the mortgage, and it is contended, and the Appellate Court so held, that the mortgage was void. The law is well settled that a deed without the name of a grantee is invalid. It is said there must be in every grant a grantor, a grantee and a thing granted, and a deed wanting in either essential will be void. (Chase v. Palmer, 29 Ill. 306; Whitaker v. Miller, 83 id. 381.) But can it be…
2Cases cited9 opinions
- Emory v. KeighanIllinois Supreme Court · 1878
- Emory v. KeighanIllinois Supreme Court · 1880
- Wooley v. YarnellIllinois Supreme Court · 1892
- Pollock v. MaisonIllinois Supreme Court · 1866
- Chase v. PalmerIllinois Supreme Court · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Boucofski v. JacobsenUtah Supreme Court · 1909
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Coakley v. PhelanSupreme Court of Oklahoma · 1935
- Macfarland v. UtzAppellate Court of Illinois · 1912
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